
Glass; V_l^Z5^t] 
Book .£i:i 



V&>;i 



l^-jp 



OHIO SCHOOL LAWS, 



PBOM THE 



EEYISED STATUTES 



JUNE 20th, 1879, TO TAKE EFFECT JANUARY 1st, 1880, AS 
AMENDED UP TO APEIL 19th, 1883, 



ACCOMPANIED BY 



GENERAL STATUTES, SUPREME COURT DECISIONS, AND EXPLANATORY 

NOTES, BEARING ON THE MANAGEMENT OF SCHOOLS 

AND SCHOOL PROPERTY: 



TO WHICH ARE ADDED 



Paeliamentaky Rules of Order and a Compl,ete Set of Blank Forms; 



THE WHOLE TO 8EKVE AS 



A COMPREHENSIVE GUIDE FOR SCHOOIL OFFICERS. 



PEEPAEED BY THE 

SI ATE COMMISSIONER OF COMMON SCHOOLS, 



m& fflsWcal Soeletf oolumbus: 

OF WS300N8IN ■MYERS BROS, STATE PEINTERS. 

1883. 

MADIBON - WIS* J 



J- 



-7 



" In proportion as the structure of a government ^ves force to public opinion, it is 
essential that public opinion should be enlightened." — Washington. 



"Universal education must supplement universal suffrage. Would you destroy 
intemperance, empty your jaUs, deplete your penitMitiaries ? Then educate the 
people. Would you enshrine the divinity of home, wife, and mother, instead of the 
Moloch of the rum shop and gambling house ? Then educate the people. Would 
you teach men how to live, how to preserve health, how to make home comfortable ? 
Then educate them. No people ever went into revolution or communism who were 
well fed, well clothed, and well housed. Let the school-house crown every mound 
.upon our prairies. It is the temple of liberty, and the shrine of law and order." — 
Hon. Geo. G. Vest, U. S. Senator from Missouri. 



3 OCT 1905 
D.ofD. 



;, i^'e t 



'0 9 1904 



EXPLANATORY. 



Section co60 of the Revised Statutes of Ohio thus provides : ' ' He [the State 
Commissioner of Common Schools] shall cause as many copies of the laws as are 
necessary, relating to schools and teachei's' institutes, with an appendix of appro- 
priate forms and instructions for carrying into execution all siieh laws> to be 
printed in a separate volume, and distributed to each county with the laws, 
journals, and other documents, for the use of the school officers therein, as often 
as any change in the laws is made of sufficient importance, in the opinion of the 
commissioner, to require a republication and distribution thereof." 

The edition of the school laws published in connection with the Report of 
1879 is entirely exhausted. As boards of education change their membership, 
the copies of the laws disappear, and the newly elected members of the boards 
feel themselves entitled to the means of information concerning the duties and 
responsibilities which they assume without other reward than the feeling that 
they have performed a public use. Information comes to this office almost 
daily, showing that there are many township boards that have never seen any 
other copy of the school laws than those published in 1865. 

The edition of 1879, not only created a demand for such information as it 
contained, but a desire that a still more exhaustive collection of the laws Avhich 
bear more or less frequently and essentially on the duties of boards of education, 
should be presented to them, together with a still fuller collection of the legal 
decisions interpreting these laws. 

This office has striven to perform the work thus demanded, as fully as the 
time and the means at hand would permit. We have added 

MANY SECTIONS FROM THE GENERAL STATUTES, 

Relating to fines and licenses to be paid into the school treasury, the making of 
contracts, the use and care of school property, and the protection of school 
interests generally, all of which are more or less frequently called into requisition 
by boards of education. There are also added 

NUMEROUS DECISIONS OF THE HIGHER COURTS OF LAW, 

Regarding the duties, rights, and responsibilities of the school officers and of 
their employes, as also of the patrons and of the pupils of the schools. 

To these are added such remarks on the several sectiens of the laws, as the 
correspondence and business relations of this office with school officials and 
others, have suggested as desirable. Nearly, if not quite, all the questions treated 
in this volume have been the subject of inquiry within the past two years. 



4 OHIO SCHOOL LAWS. 

Of course it is assumed that in a majority of the school districts a regular 
order is arranged for the conduct of the business of the boards of education and 
of the local directors. There is, however, painful evidence extant that this is by 
no means always the case. It has therefore been thought advisable and just, 
that the State should furnish. 

A CONDENSED MANUAL OF PARLIAMENTARY RULES, 

embracing what seems essential for the guidance of these officers while in busi- 
ness sessions. It is not always convenient to find such a manual, and many 
boards Avould hesitate about purchasing one when found. The presiding offi- 
cers of legislative and other public assemblies are provided with these manuals, 
and these officers constantly refer to them. The official duties of the remotest 
school districts often involve questions which are to determine important legal 
conditions. These conditions are left clear and simple, or obscure and compli- 
cated, according as they are answered in accordance with established principles 
or otherwise. It is not to be presumed that the presidents of boards of educa- 
tion will be better qualified to make proper decisions without a manual than the 
officers above referred to. 

The forms for accounts, and the blank forms for business and legal documents 
which the long experience of the office has developed, are also inserted. 

ACKNOWLEDGMENTS. 

In preparing the notes and legal references for this volume, I am indebted to 
my able predecessors, and especially to Judge Brazee who codified and annotated 
the School Laws as they appeared in the Eevised Statutes, from which was com- 
piled the last separate edition of the School Laws. 

The remarks of my predecessors incorporated into this volume are designated 
by brackets, [ ]. 

I have also been greatly assisted in this work by the perusal of the school re- 
ports of several other states, especially those of Rhode Island, Michigan, and 
Illinois. For many of the Missouri decisions I am under obligations to a 
Manual published for the use of school authorities of Missouri, by Mr. R. F. 
Stevenson, of that State. I also quoted directly from that excellent Manual 
the expressive motto which follows the title page of this volume. 

The ' ' Regulations and Rules of Order " are, of course, compilations, being 

chosen and sometimes abridged or enlarged from the actual working rules of the 

boards of education in several cities of Ohio and of other States. There is 

neither room nor occasion for much originality in a matter so entirely deduced 

from the working experiences of intelligent bodies, often composed of the best 

business and professional talent. 

D. F. DeWolp, 

State Commissioner of Common Schook. 



INTRODUCTORY. 



THE ORIGINAL PURPOSE OF THE EDUCATIONAL SYSTEM OF OHIO, AS 
CONSTITUTING THE PRINCIPLES BY WHICH THE SCHOOL LAW IS TO 
BE INTERPRETED AND ADMINISTERED. 

"I. OEDINANCE OF 1787. 

" Article hi. 

_ "Religion, morality, and knowledge being necessary to good government and the 
happiness of mankind, schools and the means of education shall forever be encour- 
aged." 

"II. PREAMBLE TO CONSTITUTION OF 1802. 

"We, the people, ^ ^ ^ ^ ^ In order to establish justice, promote the 
%velfa/re and secure the blesmigs of liberty to ourselves and our posterity, do ordain 
and establish the following constitution or form of government." 

"III. PREAMBLE TO CONSTITUTION OF 1851. 

"We, the people, of the State of Ohio, grateful to Almighty God for our 
freedom, to secure its blessings and promote our common welfare, do establish this 
constitution." 

"IV. CONSTITUTION OF 1851. 
"Article vi. — Education. 

"Section 1. The principal of all funds, arising from the sale, or other dis- 
position of lands, or other property, granted or intrusted to this State for 
educational and religious purposes, shall forever be preserved inviolate and 
undiminished ; and the income arising therefrom shall be faithfully applied to 
the specific objects of the original grants or appropriations. 

Sec. 2. The General Assembly shall make such provisions, by taxation or 
otherwise, as, with the income arising from the school trust fund, will secure a 
thorough and efficient system of common schools throughout the State ; but no religr 
ious or other sect or sects shall ever have any exclusive right to, or control of, 
any part of the school funds of this State." 



b OHIO SCHOOL LAWS. 

AVhatever may be said to the contrary, it is evident that the purpose of the 
fathers was that the influence of the schools should be positive in its effect on 
the character of the youth of the State. The spirit that led to the establish- 
ment of the common school system was not a mere sentimentalism regarding the 
poor children who Avere sent into the world to struggle with fate, and who were 
therefore to have doled out to them the means of learning to read a bill of items 
and to add its columns. The above sentences were well understood by the men 
Avho lived with, and immediately after, those who penned them. ' These ideas 
were strongly emphasized by the early governors of the State. 

In 1804, GovERNOK Edward Tiffin declared : "However just the obser- 
vation may be, that governments are instituted for the benefit of the governed, 
yet, if these have not the means of acquiring a knowledge of their rights, they 
will never feel their value, and consequently, not be careful to guard against 
their invasion." 

In 1810, GrOVERNOR RETURN J. Meigs, after quoting with approval the 
above extract from the Ordinance of 1787, said: "Correct education is 
the auxiliary of virtue. moral science will exalt the mind, while 
ignorance, the badge op iiental slavery, debases it. 

"When the structure op government rests on public opinion, knowl- 
edge IS of vital interest ; public opinion, to be correct, MUST BE 

enlightened, and the culture op the understanding is the preserver 
OP republican principles. Man, informed of his political rights, becomes 
reluctant to renounce them. Tyrants govern the ignorant; intelligence 
alone is capable of self-government. 

' 'Respect for religion, purity of morals, and love of countrx, com- 
prise the substance op civic obligations." 

Governor WoRTHiNGTON, in 1816, held the following language: "The 
opportunity for acquiring an education in Ohio, has hitherto been confined to 
the few, and as a general dissemination of learning necessarily conduces to the 
improvement of morals and good behavior, while in effect it gives to the people 
a more extensive knowledge as to their rights and duties as citizens, it becomes 
the legislature of a free State to adopt measures co-extensive with their means 
to accomplish these objects." 

To Governor Worthington's efforts, in great part, it will be remembered, 
the State is indebted for the establishment of its free library. In 1816, he 
strongly urged the establishment at the seat of government,' of a free school for 
the education of boys to become teachers. He also advocated, at that early 
day, the creation of a State Board of Education. In urging these measures, 
he said: 

' 'Time and further reflection have confirmed me in the opinions I have before 
commu.nicated. I feel convinced that the perpetuation of that freedom we now 



SCHOOL OFFICEES GUIDE. 7 

possess, greatly depends on the means which may be used, under Providence, to 
produce that state of general information which will enable the people to appre- 
ciate the liberty they enjoy. Without an efficient system of elementary schools 
throughout the State, the more wealthy citizens will educate their children, 
ivhile those of the poorer classes, tvho by their labor are greatly promoting the j^^os- 
perity of the State, will be brought up in a condition of comparative ignorance, 
unable to manage with propriety their private concerns, much less to take 

AISTY PART IN THE PUBLIC DUTIES OF A CITIZEN; AND, WHAT IS STILL MORE TO 
BE LAMENTED, UNACQUAINTED WITH THOSE RELIGIOUS AND MORAL PRECEPTS 
AND PRINCIPLES, WITHOUT WHICH THEY CANNOT BE ■ GOOD CITIZENS. The 

wealthy are deeply interested in this view of the subject. Information and the 
practice of moral and religious principles never fail to produce order, and to 
secure the rights of property in society. Information is common stock, or 

NATIONAL wealth; IN PROPORTION AS IT IS INCREASED, ARE OUR MEANS 
ENLARGED AND NATIONAL LIBERTY SECURED." 

In 1823, Governor Jeremiah Morrow declares: "No sentiment is more 
generally held to be incontrovertible among enlightened freemen, than that 
morality and knowledge are necessary to good government. The necessary 
dependence which civil liberty and free institutions in government have 
on the moral qualities and intelligence of the people, give importance to the 
provisions for the encouragement and regulation of common schools. An 

interest, so IMPORTANT TO THE WELFARE OP SOCIETY, AND TO THE FUTURE 
RESPECTABILITY OF THE StATE, SHOULD NOT BE LEFT ON THE INSECURE 
GROUND OF THE FORCE OF MORAL SENTIMENT IN EACH MEMBER OF THE COM- 
MUNITY, FOR. ITS REGULATION AND SUPPORT." 

In 1826, Governor Allen Tremble, reflecting the sentiments of his time, 
declared: "Education is of such vital importance in its effects upon all the 
various relations of society, that it may justly be ranked among the first sub- 
jects which should claim the attention of a free and enlightened people. * * * 
The political condition of that country cannot long continue prosperous and 
happy, where the progress of intellectual and moral improvement is not com- 
mensurate with the development of its resources of wealth and power. " 

Governor Duncan McArthur, in a message in 1831, says: "A avell 

EDUCATED AND ENLIGHTENED PEOPLE ONLY ARE CAPABLE OF SELF-GOVERN- 
MENT, THE GREATEST TEMPORAL BLESSING WHICH HeAVEN HAS BESTOWED 
UPON MAN." 

Governor Wilson Shannon, in his inaugural address in 1838, said: "Ko 
people in an organized state of society, can be either free or happy without 
VIRTUE AND INTELLIGENCE, and to sccure both, a well digested and liberal sys- 
tem of education is indispensable." 

Governor Thomas Corwin, in his first annual message in 1841, breathes 



O OHIO SCHOOL LAWS. 

into this system the inspirations of his generous, patriotic intuitions, when he 
declared : " It is in times of profound tranquility, when the people are undis- 
turbed by the tumults of war, that the duties of enlightened patriotism invite 
to the grateful task of giving depth and permanency to our free institutions. 
It is only at such periods that a commonwealth can hope to deliberate calmly 
and successfully upon systems of polity calculated to stimulate industry, by 
giving it legal assurances that it shall be protected in the enjoyment of its 
acquisitions ; to strengthen general morality, by laws which shall tend to sup- 
press vice and crime in all their forms ; to give energy and independence of 
character to all classes, by measures which will promote, as far as practicable, 
equality of condition, and thus establish rational liberty for ourselves, and give 
hope of its continuance for ages to come. 

"Of measures avhich contribute to these ends, education, compre- 
hending MORAL AS WELL AS INTELLECTUAL INSTRUCTION, IS OF THE FIRST 
IMPORTANCE. UnDER A CONSTITUTION LHCE OURS, WHICH IMPARTS TO EVERY 
CITIZEN THE SAME CIVIL RIGHTS, EDUCATION MUST EVER REMAIN A SUBJECT 
OF VITAL INTEREST, IN REFERENCE TO THE GENERAL WELFARE OF THE StATE. 

Where the right of suffrage is so unrestricted as with us, govern- 
ment IS NECESSARILY THE OFFSPRING OF ALL THE PEOPLE, AND WILL REFLECT 
THE MORAL AND INTELLECTUAL FEATURES OF ITS PARENT, WITH UNVARYING 
FIDELITY. If the SPECULATIONS OF THE MOST PROFOUND THINKERS HAD 
LEFT US IN DOUBT UPON THIS SUBJECT, THE FAMILIAR HISTORY OF THE LAST 
CENTURY ALONE HAS FURNISHED NUMEROUS AND MELANCHOLY PROOFS THAT 
NO PEOPLE TO WHOM MORAL AND INTELLECTUAL CULTURE HAVE BEEN DENIED, 
ARE CAPABLE OF ACHIEVING OR ENJOYING THE BLESSINGS OF RATIONAL LIBERT Y, 
FOUNDED ON ANY SYSTEM WHICH TOLERATES POPULAR AGENCY IN THE CON- 
DUCT OP PUBLIC AFFAIRS. So profoundly impressed with this truth were the 
framers of our Constitution that they did not leave it to the judgment of the 
future to decide. They did not leave it to remain in that class of subjects 
which might be, in after times, adopted or rejected, upon the doubtful test of 
expediency. They incorporated it in the Constitution, the organic law of the 
land. ' Religion, morality, and knowledge, being essential to good government 
and the happiness of mankind, schools and the means of instruction shall for- 
ever be encouraged by legislative provisions, not inconsistent with the rights of 
conscience.' It is thus apparent that in the schools thus to be encouraged, the 
makers of the Constitution intended to combine moral with intellectual instruc- 
tion. All experience and observation of man's nature have shown that merely 
intellectual improvement is but a small advance in the accomplishment of a 
proper civilization. Without morals, civilization only displays energy, 

AND THAT THE MORE FEARFUL IN ITS POWERS AND PURPOSES AS IT WANTS THE 



SCHOOL officers' GUIDE. 9 

KESTEAESriNG AND SOFTENING INFLUENCES WHICH ALONE GIVE IT A DIRECTION 
TO OBJECTS OF UTILITY AND BENEVOLENCE." 

In his message in 1843, he says: "Speculative writers on the nature and 
proper elements of free government have agreed that civil rights and political 
power can only be safely extended to the masses of any people, when general 
intelligence and pure morality have been widely diffused and exert a controlling 
influence. The unsuccessful efforts of men in past ages, to assert and maintain 
equal rights, all concur in furnishing evidence of the truth of this great prin- 
ciple in the science of government. In Ohio, every citizen who has attained 
to majority, is armed with the right of suffrage. Our fundamental law, there- 
fore, and our general legislation, have all been made to wear the same aspect ; 
they each regard all men as equal, and seek to extend to all an equal amount 
of power in the conduct of public affairs. In such a system it must be obvious, 
that education, combining both moral and intellectual culture, is a matter of 
primary public interest. It is not merely the ornament of our political edifice, 
it is the foundation on which it stands, and without which it must crumble into 
ruins, and crush in its fall those who, in a false and fatal security, have taken 
up their abode without it. I urge, as I have heretofore done, the necessity of 
maintaining, in full vigor, the school system now in force, and of improving it 
by every means which experience may from time to time suggest. 

"It is by EDUCATING THE POOR CHILDREN, WHEREVER THEY MAY BE FOUND, 
THAT WE PLACE THEM, TO SOME EXTENT, AT LEAST, UPON A FOOTING OF 
EQUALITY WITH THE FORTUNATE INHERITORS OF RICH ESTATES. It IS OF ALL 
AGENCIES YET DISCOVERED, THE MOST EFFICIENT IN PRODUCING THAT PEREECT 
AND JUST EQUALITY AMONG MEN, WHICH BRINGS HARMONY INTO THE SOCIAL 
SYSTEM AND GIVES PERMANENCY TO FREE GOVERNMENT." 

Governor Moedecai Baetley, in his inaugural address, in 1844, observed : 
"The first and most important of all political measures of a republican govern- 
ment, is to QUICKEN, STRENGTHEN, AND EDUCATE THE YOUTHFUL MIND. 

Although I would propose no radical change in the present school law, yet I 
humbly conceive that experience has shown that it is not incapable of improve- 
ment. Are not alterations demanded to elevate the character of the school- 
teacher, to secure such a uniformity of school books as is not incompatible with 
the progress of improvement in the art of teaching ; to widen the sphere of 
common school education so that it may embrace, not only the elements of that 
knowledge which is essential to the ordinary intercourse and business of the 
humblest walks of civilized life, but also, the rudiments of moral and political 
science." 

In 1845, he said: "The subject of education has been so often brought to 
the consideration of the Legislature, that I need only to refer to former messages. 
The importance of a liberal and thorough system of education can not be too 



10 * OHIO SCHOOL LAWS. 

highly estimated. It is, perhaps, a matter of no little surprise, that hitherto 
subjects of mere temporary and comparatively inconsiderable interest have occu- 
pied the attention of the Legislature, to the great neglect of a subject of such 
immense importance as this. It is true that much has already been effected, by 
our present system of common schools. But even a superficial observer must 
admit that it is very deficient, and that for want of energy and efficiency, it has 
utterly failed to meet the expectations of its friends. 

" I respectfully commend to your consideration the expediency of establish- 
ing a State Board of Education, and also the adoption of measures that will 
give more energy and efficiency to the county and school district system." 

From the time of the framing of the Ordinance, there has been but one line 
of thought regarding the deep and broad purpose of our system of public 
instruction. To that class of people who seem, in their discussions of the sys- 
tem, to regard it as a gratuity from the wealth of the State to the heedless and 
vicious, for the purpose mainly of diminishing expenditures on poor-houses and 
jails, the persuasive arguments quoted above will appear as "mere glittering 
generalities," or "barren idealities." To school officers who are conscientiously 
assuming the duty of administering the most important branch of the public 
service, the thoughts of these patriotic statesmen cannot but be inspiring and 
helpful. A clear and assured conception of the true purpose of the public 
school enterprise, based on recognized authority, will give direction, support, 
and encouragement in the interpretation of the law and the conduct of the school 
interests. 

The friends of the public school system have no reason to shi-ink from the 
application of any or all of the measurements that are usually applied as tests 
of its effectiveness, wherever it has been even reasonably well managed, and 
they are glad of any honest suggestions looking to its more perfect management. 
Yet they have a fight to observe that nowhere among the above quotations, is 
the notion once suggested that the influence and value of these institutions are 
to be determined by counting the number of convicted criminals in free school 
communities. These men were too well versed in the history and philosophy of 
civilization not to know that the larger ambitions and the more numerous and 
complicated enterprises consequent upon the rapid advance of civilization, as in 
part promoted by these very schools, would occasion more hopeful and often 
illusive fancies, more hazardous adventures, and intenser struggles, which must 
often result in disappointment and despair, and these in poverty and crime. 
They knew, too, that the natural result of these multiplied and more involved 
interests must give rise to more discriminating definitions of crime, which would 
be likely to involve a larger number of people in the class of occasional crim- 
inals, while these same activities of an enterprising age would also sharpen the 
desires of the vicious and increase their occasions to clutch at coveted luxuries. 



SCHOOL officers' GUIDE. 11 

They did not dream that the time was soon to come, when the rough and ragged 
edges of society would he freed from human weakness or human crime, the 
accumulated inheritance of generations of neglect, of ignorance, and of vice. 
They would expect that these darker shades might naturally be intenser as soci- 
ety improved. They saw, however, that the only counterpoise of the evils 
resulting either from gener-al disorder or from disordered elemeats, must lie in 
the constant increase of intelligence and morality in the general public. They 
hoped to multiply, through education and culture, the levitating tendencies and 
the lifting forces of general society, and constantly to add to the number of 
those whose improved condition should give them an interest in social order. 
This was, in their minds, the purpose of the public school. 

These men further regarded this system as the most effective auxiliary to other 
purifying and ennobling influences. Indeed, none of them, so far as I have 
seen, hesitated to designate the public school as a direct instrument for promot- 
ing "religion and morality," as well as "knowledge." They saw no difiiculty 
in subserving these high interests without the least danger of entanglement with 
direct sectarian aims or sectarian prejudices. These sentiments are clearly 
expressed both in the Ordinance, in the Constitution, and in the persuasions of 
these statesmen. 

It is well, indeed, that there has been left us a clear record of the aims of this 
system. If these had been narrow and had evinced the intention to concede as 
little as possible to the system and its objective interests, it would, perhaps, have 
been difficult to secure a liberal plan for interpreting and administering the law. 
Since it is certain, however, that the purpose of those from w^hom we have 
inherited our land, our freedom, and our beneficent institutions, was to secure., 
through these institutions, the utmost efficiency in the accomplishment* of essen- 
tial and important ends, the same high purposes will be likely to inspire the 
management of the system. 

These fragments from the history of the origin of our school interests have 
been here referred to for another reason. Not only are the school officers the 
administrators of the law, but they are likely to exert a powerful influence on 
the school legislation of the present and future. It is now commonly conceded 
that this country is to contain, not long hence, a population of three or four 
hundred millions of people. The position of Ohio is such that, together with 
Indiana and Illinois, she may, for a long time, exert a commanding influence 
over the thoughts and institutions of these millions. Indeed, the influence of 
the thoughts we hav© quoted, seems already to have pervaded the educational 
enterprises of certain western off-shoots of our own State. Going forth with 
these words fresh in their minds, into regions where no schools were established, 
and with the ambitions of our rapidly advancing age, it is generally conceded 
that the settlers of these States have put into their school system, particularly 



12 OHIO SCHOOL LAWS. 

that of their rural districts, much more vigor and efficiency than mark the sys- 
tem in Ohio to-day. Ohio is still to remain in the great thoroughfare cf the 
people, East, West, and South. Her institutions and their fruits will always 
be studied with great interest. The enterprises upon which these people travel 
to and fro, will continue to sweep into their current our own sons, who will go 
forth to quicken, enlarge, and Americanize the thought of distant settlements, 
or to constitute a dead weight upon them, in proportion as our institutions shall 
have influenced the character of our people. Our public schools should be 
among the most telling of these institutions. On those who are controlling its 
operations, then, rests the most weighty responsibility. For the intelligent, 
faithful, and vigorous performance of their duty there are waiting the high 
appreciation of the present generation, and the "thanks of millions yet to be." 



GENERAL RULES OF INTERPRETATION. 



' • In considering questions arising under the school legislation of the State, 
such construction should be placed upon its various enactments, and the several 
provisions thereof, as will give harmony to our educational system, and secure, 
as far as practicable, its equal benefits, and the reasonable fkdlities for their 
enjoyment, to every locality." [21 0. S., 339.] 

' ' Statutes should be so construed as to give effect to the intention of the leg- 
islature, and, if possible, render every section and clause effectually operative." 
[1 O. S., 381.] 

* ' In interpreting a statute or other written instrument the intention of the 
framers must be arrived at, if possible, and, when necessary, &e strict letter of 
the act, instrument, or law must yield to the manifest intent." [39 Mo., 8o.] 



EEYISED STATUTES OF OHIO. 



TITLE III. 

SCHOOLS. 



CHAPTER 1. 
CHlPTER 2. 
CHAPTER 3. 



CHAPTER 4 
CHAPTER 5 
CHAPTER 6 
CHAPTER 7 
CHAPTER 8 
CHAPTER 9 
CHAPTER 10 
CHAPTER 11 
CHAPTER 12 
CHAPTER 13 
CHAPTER 14, 



Classification and change of districts. 

City districts of the first class. 

City districts oe the second class, and village 

districts. 
Township and special districts. 
Joint sub-districts. 
School funds. 

Provisions applying to all boards. 
School-houses and libraries. 
Schools, and attendance enforced. 
Enumeration, treasurer, and clerk. 
Reports. 

Examiners. "^ 

Teachers' institutes. 
Cincinnati and Toledo universities. 



Classes of 
school dis- 
tricts. 



CHAPTER 1. 

CLASSIFICATION AND CHANGE OF DISTRICTS. 



Section 

8886. ■ Classes of school districts. 
3S8tj. City districts of first class. 
8^7. City districts of second class. 
3888. Village districts. 
8899. Change of classification in cer- 
tain cases. 

3890. Township districts. 

3891. Special districts. 



Section 

3892. Boundries of sub-districts not 

changed. 

3893. Transfer of territory fi'om one 

district to another. 

3894. Township districts may become 

village districts. 

3895. How vote shall l)e taken. 

3896. How boai'd organized. 



, Section 3885. The state is hereby divided into school dis- 
tricts, to be styled respectively city districts of the first class, city 
districts of the second class, village districts, special districts, and 
township districts. [70 v. 195, § 1.] 



Sbc. 3885. The terms " separate district," " independent district," 
and " union school district," are no longer in use. 



SCHOOL officers' GUIDE. 



15 



Classification and Change of Districts. 



Ch. 1. 



Sec. 3886. Eacli city having a population of ten thousand or 
more, by the census of 1870, including the territory attached to 
it for school purposes, and excluding the territory within its cor- 
porate limits detached for school purposes, shall constitute a school 
district, to be styled a city district of the first class. [70 v. 1 95, 
§ 2.] 

Sec. 3887. Each city of the second class, having a popula- 
tion of less than ten thousand by the census of 1870, including the 
territory attached to it for school purposes, and excluding the ter- 
ritory within its corporate limits detached for school purposes, shall 
constitute a school district, to be styled a city district of the sec- 
ond class. [70 V. 195, § 3.] 

Sec. 3888. Each village, including the territory attached to 
it for school purposes, and excluding the territory within its cor- 
porate limits detached for school purposes, shall constitute a school 
district, to be styled a village district. [74 v. 140, § 4.] 

Sec. 3889. Municipal corporations hereafter created, or ad- 
vanced to higher grade, except villages created by advancement 

Sec. 3886. In the interpretation of several of the sections of this 
title, it will be necessary to observe that "city districts of the first 
class," and '' cities of the first class " are not related terms. A city of 
the first class has over 31,500 inhabitants. 

Sec. 3887. Observe also that "city districts of the second class," 
and " cities of the second class" are not co-incident. 

Sec. 3888. \_Territory attached for school purposes. — The phrase " ter- 
ritory attached for school purposes," as used in sections 3886, 3887, 
and 3888, evidently applies to territory not included in the corporate 
limits of a city or village, but which, at the time of its organization, 
formed a part of the achool district or sub-district to which the terri- 
tory of such city or village belonged ; or to territory transferred from 
one district to another, for school purposes, under section 3893 of this 
chapter. 

" Territory detached for school purposes " is territory taken into the 
corporate limits of a city or village, but not transferred to the village 
district, by mutual consent of the boards of education concerned ; or 
it is territory formally transferred by the city or village district adjoin- 
ing.] 

Sec. 3889 (a. ) Villages created by advancement or otherwise,become 
village districts only when action is taken for that purpose under sec- 
tion 3912, et seq. 

(&) The corporate character of a school district cannot be questioned 



City districts 
of the first 
class. 



City districts 
of second 
class. 



Village dis- 
tricts. 



Changes of 
classification 
in certain 
cases. 



16 



OHIO SCHOOL LAWS. 



Ch. 1. 



Classification and Change of Districts. 



To~wnship 
districts. 



Special dis- 
tricts. 



Boundaries of 
sub-districts 
not changed. 



or otherwise, shall, from and after their creation or advancement, 
be school districts corresponding to their grade as herein provided. 
[70 V. 195, § 5.] 

Sec. 3890. Each organized township, exclusive of any of its 
territory included in a city, village, or special district, shall con- 
stitute a school district, to be styled a township district. [70 v, 
195, § 7.] 

Sec. 3891. Any school district now existing, other than those 
mentioned in sections thirty-eight hundred and eiyhty-six, thirty-eight 
hundred and eighty-seven, thirty -eight hundred and eighty-eight, and 
thirty-eight hundred and ninety, which has been established by a 
vote of the people in accordance with any act of the general 
assembly, or which has been established by a general or local act 
of the general assembly, shall constitute a school district to be 
styled a special district; and such districts may be established as 
provided in chapter five of this title. [70 v. 195, § 6.] 

Sec. 3892. The several sub-districts and joint sub-districts now 
existing within any township district shall continue, according to 



in'_'a collateral proceeding. This is to be done in direct proceeding by 
qiio warranto. If the corporation is acting by virtue of legislative en- 
actment, this is sufficient as against everybody, except the State it- 
self, and private parties cannot question the regularity. — Cooley's Con- 
stitutional Limitations, 254. 

Sec. 3890. A change of township boundaries accordingly works a 
change in the township district boundaries. 

Sec. 3891 (a). Concerning the local legislation mentioned in this 
section, see in the appendix to this volume the decision of the supreme 
court in the case of the New London special district, so created. 

(6). It is understood that this decision was intended by the court 
to announce the constitutional inhibition to the creation of special 
school districts by direct special legislation, and in efiect to declare 
unconstitutional and void any laws heretofore passed under the present 
constitution, directly establishing a special school district by the 
general assembly. Hence, no special district created by direct special 
statute has now any legal existence. 

Sec 3892. Sub-districts are the sub-divisions of a township district. 
These sub-divisions are made by township boards of education, and 
by commissioners appointed by the probate court. It may at least be 
doubted whether, under the decision in the New London case just 
quoted, the general assembly have the constitutional power to create 
sub-districts by special enactment. Section 3921 declares that "any 



SCHOOL OFFICERS GUIDE. 



17 



Classification and Change of Districts. 



Ch. 1. 



their respective boundaries, to be sub-districts or joint sub-districts 
tubereof, subject to the provisions of this title. [70 v. 195, § 8.] 



CHANGE OF DISTRICT. 

Sec. 3893. A part or the whole of any district may be trans- 
ferred to an adjoining district, by the mutual consent of the 
boards of education having control of such districts ; but no such 
transfer shall take effect until a statement or map, showing the 
boundaries of the territory transferred, is entered upon the records 
of sucb boards, nor, except when the transfer is for the purpose 
of forming a joint sub-district until a copy of such statement or 
map, certified by the clerks of the board making the transfer, is 
filed with the auditor of the county in which the transferred ter- 
ritory is situate ; and .any person living in the territory so trans- 
ferred may appeal to the county commissioners, as provided in 
section thirty-nine hundred and sixty-seven, and the commissioners, 
at their first regular meeting thereafter, shall approve or vacate 
such transfer. [70 v. 195, § 40.] 

sub-district, which may be established by act of the general assembly, 
shall be governed by the provisions of this title," i. e., by the general 
school law, "ex^ejjt that it cannot be changed or consolidated by the 
board within three years, etc." This exception would seem to take 
them out of the system, which, according to the ruling of the court, "is 
to extend throughout the State." If it was unconstitutional to pass 
such special laws, the sub-districts depending for their existence on 
.such laws have no legal recognition. 

Concerning joint sub-districts, see chapter 5. 

Sec. 3893 (a). There is no such thing as transferring territory for 
temporary purposes, with an understanding that it shall be set back 
at a definite future time. Such territory can be transferred again as 
other territory may be; thus changing again the boundaries of the 
district and the voting relations of residents. 

[b). Unless boards transfer territory, an aj^peal does not lie to the 
commissioners, under this section. But if a case arises such as is 
described under section 3969, the commissioners may be applied to for 
relief. 

(c). It is the evident intention of the statute that the territory to 
be transferred to an adjoining district nmst be contiguous to the dis- 
trict. If a farm or homestead, separated from a district by only ten 
rods, can be transferred to that district or sub-district, then farms 
here and there, a mile or more away, may be so transferred. But 
ithis is so manifestly inexpedient th.at no one would advocate it. 

2 



Transfer of 
territory 
from one dis- 
trict to an- 
other. 



Transfer of 
territory.. 



Must be con- 
tiguous. 



18 



OHIO SCHOOL LAWS. 



Ch. 1. 



Classification and Change of Districts. 



Township 
districts may 
become vil- 
lage districts. 



How vote 
shall be taken 



How board 
organized. 



Sec. 3894. The board of education of any township district 
may decide to submit, and, on petition of one third of the elec- 
tors of the district, shall submit, at the first regular election for 
toAvnship officers after such decision is made or petition receivedy 
the question whether such township district shall be governed by 
the provisions of this title relating to village distt-icts- and the 
board shall give notice of the "vote to be taken j by posting up 
written or printed notices, in ten or more public places in the 
township, at least twenty days prior to such election^ [70 v. 195} 
§ 155.] 

Sec. 3895. The election shall be conducted by the township 
trustees, who shall provide a separate ballot-box and separate poll- 
books, and make a return of the vote to the township clerk, and 
also. to the commissioner of common schools, within five days after 
the election ; and the persons voting at such elections in favor of 
such change shall have written or printed on their ballots — "School 
District," and those opposed to such change — "No School Dis- 
trict." [70 V. 195, § 156.] 

Sec. 3896. At the annual organization of the township board 
after any such election, if it be found that a majority of the votes 
cast were in favor of the change, the board shall select j by vote 



Sec. 3896. The friends of education who have studied this subject, 
seem generally agreed that the adoption of this system as provicedfoif 
in the last three sections, would, in most townships, be a great 
improvement. It would tend to remedy many of the defects in the 
working of the sub-district system. 

1. The sub-district schools would be likely to be more nearly equal- 
ized. In the irregular settlement of many townships, on account of 
swamps, unbridged streams, and large areas, uncleared and owned by 
non-residents, m:any districts were of necessitj^ formed that are now 
entirely unnecessary. The school population in many sub-districts 
diminishes from year to year. The small number of children in these 
sub-districts rendeis the schools expensive and uninteresting. 

2. The schools of a township having no relation to each other ofteif 
show little progress, and the methods of instruction are antiquated and 
lifeless; this, too, in an age when all other subjects of human interest 
are making progress, and when much of the very best thougfit of tliw 
country is given to devising improved methods of teaching. 

3. It leaves each neighborhood school to pursue the whole con ■ 
of instruction, from the highest to the lowest, thus assuring the vjry 
poorest results conceivable. "Were the schools of a township under 



SCHOOL officers' GUIDE. 



19 



City Districts of the First Class. 



Ch. 2. 



or lot, six persons to serve as a township board of education, two 
of whom shall serve for three years, two for two years, and two 
for one year ; and such board shall thereafter be governed by the 
provisions of this title relating to boards of village districts. [70 
V. 195, § 167.] 



CHAPTER 2. 



CITY DISTRICTS OF THE FIRST CLASS. 



Sectio^t 

3797. Board of education — how con- 
stituted, and liow member- 
ship increased. 

3898. When two members for each 

ward, liow elected. 

3899. When one raember for each 

ward, how elected. 



Section 

3900. Where certain electors to voje : 
plats of attached territory. 
Conduct of elections. 
How electors on attached terri- 
tory to cast ballots. 
Meetings and certain powers of 
the board. 



3901. 
3902. 



3903. 



Section 3897. In city districts of the first class, the board of Board of eOxt- 
education shall consist of two members for each ward, except in distri^ts^of^ ^ 

the first class : 

how constitu- 
one management of intelligent men, schools of higher grade than the ^^■ 

primary would be likely to exist in the more populous portions of the 
territory. These the more advanced pupils from all the township 
would attend, and their progress would be double that attained in 
schools in which all the wants of a neighborhood are sought to be 
secured in a single school. It is believed that the saving effected by 
the reduction of the number of sub-districts, and the more economical 
management of the school, by the wholesale purchases thus rendered 
possible, and by giving teachers constant employment in schools properly 
graded for the purpose, would be sufficient to support such higher 
schools where needed. This has proved true in oases where the sys- 
tem has been tried. The saving in the latter item has been from one- 
fifth to one-fourth the whole expense of the present system, and in 
several counties a thorough and unbiased investigation of the subject 
has shown the practicability of reducing the expense, by diminishing 
the number of sub-districts, from $8,000 to $10,000 in a county. 

4. The execution of the law as it now stands leads to numerous and 
perplexing conflicts of authority, thus interfering greatly with the 
efficiencv of the schools. 

5. It would relieve the temptation to form special districts, a ten- 
dency which is so cutting up the townships for school purposes that 
there can never be any concert of action regarding education among 
the different neighborhoods of a township. 

Sec. 3987. Change of Residence. — When a member of a board of edu- 
cation or a local director ceases to bo an elector in the district, ward, or 
sub-district which he was elected to represent, he vacates his office. 



20 



OHIO SCHOOL LAWS. 



Ch. 2. 



Citv Districts of the First Class. 



Cincinnati. 



"Wlieii two 
members for 
each wai'd, 
how elected. 



districts organized under a law providing for one member only for 
each ward, in which districts the board may at any time, by a vote 
of a majority of its members, provide that thereafter each ward 
shall be represented by two members, and thereupon proceed to 
choose one additional member for each ward, to serve until the 
next annual election for city officers, and until the election and 
qualification of his successor ; and each member of the board shall 
be an elector of the ward for which he is elected or appointed ; 
provided, that in city districts of the first class, having a popula- 
tion, according to the last federal census, of one hundred and fifty 
thousand and over, the board of education shall consist of thirty- 
seven members, twelve of whom shall be elected at the April elec- 
tion of the current year, to hold office as follows : The four mem- 
bers who receive the highest number of votes for three years, the 
four who receive the next highest number of votes for two years, 
the four who receive the next highest number of votes for one 
year ; and thereafter there shall be elected, annually, four mem- 
bers to serve for three years. In case of a tie vote the choice of 
terms shall be determined by lot. And the remaining twenty-five 
member's shall consist of those members of the board of education 
elected at the April election in 1879, and whose terms of office do 
not expire until April, 1881 ; that, beginning with the April elec- 
tion of 1881, one member shall be elected from each ward of said 
cities ; and such of said members as shall have been elected by 
wards having an odd numerical designation shall serve for a term 
of one year, and such as shall have an even numerical designation 
shall serve for the term of two years ; and, annually thereafter, 
AS the tel-m of the members elected by said wards shall expire, 
successors shall be elected to hold for the term of two years. The 
members elected under this act shall hold office until their success- 
ors are elected and qualified ; provided, that the board of educa- 
tion, established by this act, shall be in all respects the successors 
of the respective boards whose places they take. [77 v. 80.] 

Sec. 8898. At every annual eleetion for city officers in a city 
which constitutes a district of the first class, and wherein the board 
consists of two members for each ward, there shall be elected in 
each ward, by the qualified electors thereof, one judicious and com- 
petent person to serve as a member of the board of education of the 
district, for two years from the third Monday of April succeeding 



SCHOOL OFFICERS GUIDE. 



21 



City Districts of the First Class. 



Ch. 2. 



his election, and until the election and qualification of his suc- 
cessor. [70 V. 195, § 11.] 

Sec. 3899.. When the board consists of as many members as 
there are wards, there shall be elected, at the annual election for 
city officers, in the year eighteen hundred and eighty, and every two 
years thereafter, in each ward designated by an even number, and 
in the year eighteen hundred and eighty-one, and every two years 
thereafter, in each ward designated by an odd number, by the 
qualified electors thereof, one member of the board, who shall 
hold his ofiice for two years, and until the election and qualifica- 
tion of his successor. [70 v. 195, §11; 71 v. 55, §§ 1, 2, 3.] 

Sec, 3900. An elector residing in the city district, but not in 
any ward of the city, shall be entitled to vote in the ward to which 
he is attached by the board of education for school purposes ; but 
an elector residing in the city, and not in the city district, shall 
not be entitled to vote at any election provided for in this chapter; 
the board shall ascertain Avhether the city limits are co-extensive 
with the limits of the school district ; and in case the school dis- 
trict includes territory Avithout the corporate limits, tlie board shall 
make or cause to be made a plat of the territory so attached for 
school purposos, designating thereon by metes and bounds the 
ward or wards to which such attached territory is to be thereafter 
assigned ; which plat shall be recorded as a part of the proceed- 
ings of the board. [70 v. 195, §§ 10, 12.] 

Sec. 3901. The election provided for in section thiHy-eight hun- 
dred and ninety-nine shall be conducted by the judges and clerks of 



When one 
member for 
each ward, 
how elected. 



Where cer- 
tain electors 
to vote ; plats 
of attached 
territory. 



Conduct of 
elections. 



Sec. 3900- Of course an elector residing in a city of the first 
class, and not in the city district, votes for school officers with the 
voters outside of the city and in the same district with him. See sec- 
tions 3908 and 3916. "Shall be elected by the qualified electors of such 
districts," however the districts may be situated as to the boundaries 
of cities, etc. 

Sec. 3901. The method of contesting an election is by Quo War- 
ranto. R. S., Section 6760. 

(a). "Shall make returns," that is, a certificate showing the vote 
for each candidate for the required office in the proper ward, [or town- 
ship, village, or special district,] at the proper date, signed by the 
judges and clerks of election before they disperse, sealed, marked 
" Election Returns", and directed and sent in this case to the board of 
education. See notes to section 3917. 



Returns. 



22 



OHIO SCHOOL LAWS. 



Ch. 2. 



City Districts of the First Class. 



How electors 
on attached 
territory to 
cast ballots. 



the city elections, and they shall make returns of such election to 
the board of education within five days from the time of holding 
the same. [70 v. 195, § 13.] 

Seo. 3902. The judges and clerks of city elections, in the 
'Wards to which any territory beyond the city limits has been 
attached by the board of education for school purposes, shall have 
two separate ballot-boxes and two sets of poll-books ; the electors 
residing on such attached territory may vote at all regular and 
special elections in such wards for members of the board of educa- 
tion; the judges of election in such wards shall receive the ballots 
of the electors residing on such attached territory, and deposit 
them in the ballot-box provided for that purj)ose ; the clerks of 



Poll-books. 



Contest by 
quo warranto. 



(6). Poll-books duly certified and returned are prima facie evidence 
of the truth of their contents, but this presumption will be rebutted 
by proof that they are fraudulent and fictitious to such an extent as to 
render them wholly unreliable. Phelps v. Schroder, 26 O. S., 549. 

(c). Where a poll-book is thus impeached and rejected, the legal 
voters are not disfranchised, but the burden of othtrwise proving 
legal votes is thrown upon the party claiming them. lb. 

(d). The relator having, received a certificate of election as school 
director, was sworn in, and some months afterwards, the board having 
become satisfied that he had not received a majority of the votes and 
that defendant had, swore in the latter and excluded the relator from 
their meetings, and the relator thereupon filed an information in the 
nature of a quo ivarranto, against defendant^ Held, as the law for the 
election of school directors makes no provision for contest of election, 
the method adojoted in this case is available. Therefore the fact that 
the relator had received a certificate is not conclusive, for the court 
must go behind the certificate to ascertain who had the majority of 
votes. State ex rcl., (Langdon) v. Goodale. 4 Bull., 1065, 8 Eec, 432. 

{e). That this remedy is exclusive, and that a mandamus to recan- 
vass will not lie, see 26 O. !^., 216. 

(/"). In case of fraud on the part of the judges in receiving or in 
counting votes, McCrary on Elections, 'i 184, after referring to many 
cases and authorities, remarks : "The safe rule probably is that where 
an election board are found to have wilfully and deliberately commit- 
ted a fraud, even though it effect a number of votes too small to change 
the result, it is sufficient to destroy all confidence in their official acts, 
and to put the party claiming anything under the election conducted 
by them, to the proof of his votes, by evidence, other than the 
returns." See Judkins v. Hill, 50 N. H., 140; Knox Co. v. Davis, 63 
III, 405; Russell v. State, 11 Kan., 308." 



SCHOOL OFFICERS GUIDE. 



23 



City Districts of the Second Class, and Village Districts. 



Oh. 3, 



election shall enter upon the separate poll-books provided for that 

purpose the names of such electors so voting ; and due returns of 

such elections for members of the board shall be made as provided 

by section thirty-nine hundred and one. [70 v. 195, § 12.] 

Sec. 3903. The board of education, except in cities of the Time of regu- 
lar meetings 
first class, second grade, shall hold regular meetings once every ^Hn^r^^^^^?."* 

two weeks. In cities of the fii'st class, second grade, said board 

shall hold its meetings on the first and third Monday of each month 

following the third Monday of April, and in all city districts of 

the first class said board may hold such special meetings as it may 

deem necessary ; it may fill all vacancies that occur in the board 

until the next annual election, and may make such rules and reg- 

iilations for its own government as it may deem necessary ; but 

such rules and regulations must be consistent with the constitution 

and laws of the State. [79 v. 59.] 



education. 



Special meet- 
ings, etc. 



CHAPTEE 3. 



CITY DISTRICTS OF THE SECOND CLASS, AND VILLAGE 

DISTRICTS. 



BBCTIOIf 

89()4. Membership of board of educa- 
tion. 

3905. Election of members in city 

districts. 

3906. Conduct of the election. 

5907. Election when as many mem- 

bers as wards. 

5908. Election in -village districts. 



Section 

3909. Notice of elections. 

S910. Returns to be made to board. 

3911. How membership increased. 

3912. How village may becoma village 

district. 

3913. How village district organized. 

3914. Organization of board. 



Section 3904. In city districts of the second class, and in 
village districts, the board of education shall consist of six mem- 
bers, except in districts organized under a law providing for only 
three members, who shall have the qualifications of an elector 
therein, and in such districts the membership may be increased to 
six, in the manner hereinafter provided ; but the board of a city 
district of the second class may provide, by a vote of a majority 
of its members, that the board shall consist of as many members 
as the city has wards. [70 v. 195, §§ 16, 17.] 

Sec. 3903 (a). For manner of filling vacancies in the board, see sec- 
tion 3981, with the notes thereto. 

( 6 ) . For classification of cities, see sections 1 547-8, of Revised Statutes. 
See also remarks under sections 3886 and 3887. 



Membership 
of board of 
education. 



24 



OHIO SCHOOL LAWS. 



Ch. 3. 



City Districts of the Second Class, and Village Districts. 



Election of 
members in 
city districts. 



Conduct of 
the election. 



Sec. 3905. In city districts of the second class, except such 
as are mentioned in section thirty-nine hundred and seven, membera 
of the board of education shall be elected annually, to serve for 
the term of three years from the third Monday of April succeed- 
ing their election, and until the election and qualification of their 
successors; if the board consists of six members, two judicious 
and competent persons shall be elected each year; and if 
the board consists of three members, one such person shall be 
elected each year. [75 v. 53, § 18.] 

Sec. 3906. If the boundaries of the district and the city are 
identical, or, if territory has been detached from the city and 
attached to another district, the election shall be conducted exclus^ 
ively by the judges and clerks of the city election, but electors 
residing within the bounds of such detached territory shall not 
vote thereat; but if territory outside the city limits is attached 
to the district, an election shall also be held for the same purpose 
in the township from which it was detached, and conducted by 
the judges and clerks of the township election, but only electors 
residing within the bounds of such territory shall vote thereat; 
the election shall be held at the same time and places as the elec- 
tions for city or township officers are held ; the names of candi-' 
dates for such membership shall be upon separate tickets, and all 



Territory de- 
tached from 
city. 



Territory at- 
tached to city 
district. 



Sec. 3906 (a). According to the first clause of this section, a district 
adjoining a city district of the second class, and having attached to it 
some territory of the city, holds its election for school officers wholly 
in its own territory. All the voters resident in such district, whether 
outside of the city or within it, vote together for members of the 
board. 

(&). According to the second clause, voters living outside the limits 
of a city of the second class, and yet on territory attached to such city 
for school purposes, do not vote within their district, that is, at the 
city or ward poll, but at the poll of the township in which their school- 
house is situated, — depositing their ballots for school officers for the 
city district "in a separate ballot-box which shall be provided by the 
board of education" of the city district, since the township board is not 
interested in the subject. For the same reason the separate poll-book 
is probably to be provided by the same board. "The returns "^ — see 
note to 3901 — are to be made to the city clerk, who will combine this 
count with the count of those cast within the city and returned to him, 

(c). As to who are voters, see K. S. 2945 and 1727 in Appendix. 



SCHOOL officers' GUIDE. 25 



City Districts of the Second Class, and Village Districts. Ch. 3. 



sucli tickets voted shall be deposited in separate ballot-boxes, 
which shall be provided by the board of education ; separate poll- 
books of the election shall be kept; and returns of the election 
shall be made to the clerk of the city which constitutes the district. 
[75 V. 53, § 18.] 

Sec. 3907. In a city district of the second class in which the Election after 

■^ membership 

board consists of as many members as the city has wards, there increased. 
shall be elected biennially in each ward, at the time and in the 
manner provided in the preceding chapter for election in city dis- 
tricts of the first class, one competent and judicious person to 
serve as a member of the board for two years from the third 
Monday of April succeeding his election, and until the election 
and qualification of his successor; but at the first election after 
it is decided that the board shall be so constituted, the persons 
elected in wards designated by odd numbers shall serve tor 
only one year from the third Monday of April succeeding their 
election, and until the election and qualification of their successors; 
and the board shall ascertain the limits of the district, assign at- 
tached territory to wards, and make and record a plat thereof, as 
provided in section thirty-nine hundred. [75 v. 53, §18; 70 v. 
195, § 101.] 

Sec. 3908. In village districts members of the board of educa- „, , . . 
° • Election m 

tion shall be elected on the first Monday of April annually, to tr/ctP**^^" 
serve for the term of three years from the third Monday of April 
succeeding their election, and until the election and qualification 
of their successors ; the qualified electors of the district, including 

Sec. 3908 (a). The evident intent of the law requires that when the 
polls are once opened, they should be kept open until the hour pre- 
scribed for finally closing ; but the statute on the conduct of elections, closing polls,; 
section 2929, is said to be directory, and, if so, "a departure from its 
strict observance will not necessarily invalidate an election, where no 
fraud has been practiced and no substantial right violated." Fry v. 
Booth, 19 0. S., 25. 

(h). It is presumed that the same principle holds in the school law. . 

But the burden of proof will be on the party denying the violation of 
personal rights in the case. 

The polls should be opened and closed at the precise time designated 
by the statute, if the statute fixes the time, or by the notice, if so 
fixed. 

(c). For method of contesting elections, see note to section 3901. 



26 



OHIO SCHOOL LAWS. 



Ch. 3. City Districts of the Second ClaPS, and Village Districts. 



Notice of elec- 
tions. 



Length of iio- 
tice. 



Omission of 
notice of 
vacancy. 



Notice of 
time and 
place. 



those residing within the bounds of territory attached to the dis- 
trict, but beyond the village limits, shall meet between the hours 
of six o'clock A.M. and six o'clock P.M. of said day, at the usual 
places of holding school elections, organize by the appointment of 
a chairman and secretary, and proceed to vote by ballot for per- 
sons to serve as members of the board ; and if the board consist of 
six members, two judicious and competent persons shall be elected 
each year, and if it consists of three members, one such person 
shall be elected each year. [75 v. 53, § 18.] 

Sec. 3909. The clerk of the board of education of each city 
district of the second class, and of each village district, shall pub- 

Sec. 3909 (a). In the law pertaining to such notices, a day is held 
to be indivisible. Hence a notice issued on any day, allows the whole 
of that day to be included in the ten, or other number of days' notice, 
provided for by a statute. Since the ten days must all expire before 
the meeting begins, it must also expire before the day begins on which 
the meeting is held, the day itself being but a point of time. The acts 
of a meeting held on any other day than that expressed in the notice, 
are invalid. 16, 0., 408. 4 Western Law Monthly, 215. 

(b). A notice for a school election must state the purpose for which 
it is to be held, and no other business can be legally transacted thereat. 
14 Vermont, 300. The transaction of such business, however, would 
not invalidate acts done in accordance with the notice. Furthermore, 
"the omission of the sheriff [clerk] to mention in his notice one of 
the vacancies to be filled is not conclusive evidence of the invalidity of 
the election. Taken in connection with- other circumstances, it is com- 
petent evidence of fraud or conspiracy. State v. Taylor, 15, O. S., 
137. State vs. Stewart, 26, O. S., 216. But if the sheriff [clerk] fails to 
give such notice for one of the vacancies to be filled, and in consequence 
of such neglect, only a small minority of the electors present vote for 
a person to fill such vacancy, such election is irregular and invalid. 
Foster v. Scarff, 15 0. S.. 532." 

(c). On this subject, McCrary on Elections, ? 135, says, " It must be 
conceded that time and place are of the substance of every election, 
while many provisions which appertain to the manner of conducting an 
electionmay be directory only. [Dickey r Hulburt, 5Cal., 343.] Butit 
does not follow that due notice of lime and place of holding an election is 
always essential to its validity. Whether it is so or not depands upon 
the question whether the want of due notice has resulted in depriving 
any portion of the electors of their rights." 13 N. Y., 350., 12 Mich., 
508 ; see also Foster v. Scarf, 15 0. S., 532. 

(d). It is more essential that proper legal notice be given for an 
election to fill a vacancy, or to authorize a tax, than of a regular, stated 
election, provided for by law. 



creased. 



SCHOOL officers' GUIDE. 27 

City Districts, of the Second Class, and Village Districts. Ch. 3. 

lisli a notice of the election and meeting provided for in the pre- 
ceding sections, in a newspaper of general circulation in the dis- 
trict, or post written notices of such meeting in five of the most 
public places in the district, at least ten days before the holding of 
the same, which notice shall specify the time and place of the 
■election or meeting, and the number of members to be elected. 
•[75 V. 53, § 19.] 

Sec. 3910. The secretary of the meeting or clerks of elections Returns to be 
in village districts provided for in this chapter shall keep a poll- board. 
Ijook and tally-sheet, and return the same within five days after 
the election to the clerk of the board of education of the district, 
-duly certified. [75 v. 53, § 20. ^ 

Sec. 3911. When the electors of a city district of the second ^erlhi^^^- 
■class, or of a village district, the board of education of which consists 
■of three members, desire that the board shall consist of six mem- 
bers, they may make such change in the manner following : Writ- 
ten or printed notices shall be posted in at least five of the most 
public places in the district, at least ten days prior to (he day 
■designated therein, signed by a majority of the members of the 
board of education, or by one member of the board and at 
least ten resident electors of the district, requesting the qualified 
■electors of the district to assemble on a day, and at an hour and 
a place, to be designated therein, then and there to vote for or 
against such change ; the electors, when assembled in accordance 
with the notice, shall appoint a chairman and two clerks, who 
shall be judges of the election ; the electors in favor of the 
proposed change shall have written or printed upon their bal- 
»lots the words, "Board — change," and those opposed thereto 
the words, " Board — no change," and the ballots cast shall deter- 
mine the question whether the change shall be made ; the judges 
shall make due return of the election to the board of education of 
the district, within ten days after the holding of the same ; and if 
a majority of the votes cast be found to be in favor of the change, 
three additional members of the board shall be chosen at the next 
annual election for school officers, one to serve for one year, one 
for two years, and one for three years, and annually thereafter 
two members of the board shall be chosen to serve for thi*ee years, 
as provided in section thirty-nine hundred and five. [70 v. 195, § 
21.] 



28 



OHIO SCHOOL LAWS. 



Ch. 3. City Districts of the Second Class, and Village Districts. 



How village 
may be.conie 
village dis- 
trict. 



How village 
district or- 
ganized. 



Sec. 3912. When the electors of a village desire to erect it 
into a village district, they may proceed in the following manner r 
Written or printed notices, signed by not less than five electors,, 
resident of the village, shall be posted, at least ten days prior ta 
the day designated therein, in at least five of the most public 
places within the village, requesting the electors thereof to meet 
for the purpose of voting on the question of establishing a village 
district, on a day, and at an hour and a place, to be designated in 
the notices ; the meeting shall be held within the limits of the vil- 
lage, betAveen the hours of six o'clock A.M. and six o'clock P.M. ^ 
and the polls shall be kept open at least six hours ; the electors, when 
assembled in accordance with this notice, shall appoint a chairman 
and two clerks, who shall be judges of the election ; the electors 
in favor of the proposed village district shall have written or 
printed on their ballots the words, "Village district, yes," and 
those opposed thereto the words, "Village district, no;" and the 
votes cast shall determine the question whether such village dis- 
trict shall be established ; if a majority of the votes cast at such 
election be opposed to the establishment of such village district^ 
the question of establishing the same shall not again be submitted 
to the electors of the village until the succeeding regular annual 
election for village officers, and then only upon notice being given 
as above provided ; and if a majority of the votes cast at such 
election be in favor of the establishment of silch district, the vil- 
lage may be organized as a village district in the manner provided 
in the next two sections. [74 v. 140, § 4. ] 

Sec. 3913. Written or printed notices, signed by not less than 
five electors residing within the limits of the village, shall be posted 
m at least five of the most conspicuous places therein, requesting 



Sec. 3912. Under the act of March 14, 1853 (51 v. 429), when an 
incorporated village was formed within or to include a material portion 
of a sub-district, no portion thereof is, by reason of such incorpora- 
tion, withdrawn from the school jurisdiction of the township, but the 
whole continues to be a sub-district until the actual election or appoint- 
ment of a separate school board, and the portion of a sub- district not 
included within the limits of such incorporated village, is "territory 
annexed for school purposes" within the meaning of the act. Ci*t v. 
State, 21 0. S., 339.] 



SCHOOL OFFICERS GUIDE. 



29 



City Districts of the Second Class, and Village Districts. 



Ch. 3. 



the electors of the village to meet for the purpose of electing a 
board of education for such proposed village district, on a day, 
and at an hour and a place, designated in the notices, which 
notices shall be posted at least ten days prior to the day designated 
in them for such meeting ; the electors, when assembled in accord- 
ance with the notice, shall appoint a chairman and two clerks, who 
shall be judges of the election, and shall then choose by ballot six 
competent and judicious persons to serve as members of the board 
of education of the proposed district — two to serve for one year, 
two to serve for two years, and two to serve for three years, from 
the third Monday of April next preceding the organization of the 
district, and until the election and qualification of their successors ; 
but if the election be held on the day of the annual election for 
school officers, there shall be elected two persons to serve for one 



Sec. 391.3. (a). Notice given on the first day of the month for such 
election on the tenth^ is not sufficient. See note to section 3909. 

(b). If the time of the giving of the notice is not stated, it may be 
proved. 

(c). If an emergency shoul<l occur, making it necessarj^ to change 
the place of holding the election after the regular notice has been 
given, and if such new notice is given as would leave no excuse for 
not voting on account of the change, the elf ction would not be» inval- 
idated by such change. 78 Illinois, 171. 

{d). The time each director is to serve should be designated on the 
ballots, and such designation can not be disregarded by the judges of 
election. 20 0. S., 336. 

(e). This decision means this ; the judges can count no votes, on uhich 
such designation does not appear. When the election is that of members 
for two or more different terms, the offices are two or more distinct 
offices. See opinion of Attorney General under section 3981. 

(/). Receiving illegal or improper votes will not alone vitiate an 
election. It must be shown affirmatively, in order to overturn the 
declared result, that the wrongful action changed it. Dillon on 
Municipal Corporations, 261. 

(g). Statutory provisions regarding an election are often regarded 
by the courts as directory, and if courts can determine what the pop- 
ular will was in the case, they are liktly to sustain it. This is more 
especially true regarding the election of officers. The construction is 
more rigid regarding votes to supply money. — to impose taxes. See 
notes to sections 3909, 3916, 3981, etc. 

ih). As to fraudulently receiving votas by judges and fraudulent 
counts by them, see notes to section 3901. 



Time of no- 
tice. 



Cliange of 
place. 



Designation 
of term, on 
ballots. 



Illegal votes. 



Statutes often 
directory. 



30 



OHIO SCHOOL LAWS. 



Ch. 4. 



Township and Special Districts. 



Oi'ganization 
of board. 



year, two for two years, and two for three years, from the third 
Monday of April succeeding their election, and until the election 
and qualification of their successors. [71 v. 55, § 5.] 

Sec. 3914. If such election be held on the first Monday of 
April, the board elected thereat shall organize at the time and in 
the manner provided in section thirty-nine hundred and eighty ; but 
if the election be held at any other time, the board shall organize- 
on the next Monday thereafter, and in the same manner. [71 v. 
55, § 6.] 



CHAPTER 4. 



TOWNSHIP AND SPECIAL DISTRICTS. 



Section 

3915. Township board of education — 

liow coustituted and organ- 
ized. 

3916. Election and qualilication of 

directors. 

3917. Notice and condnct of election. 

3918. Meetings of directors. 

3919. How vacancies in board filled. 

3920. Regular and special meetings of 

board. 

3921. Map of township district; 

change of sub-districts. 



Section 

3922. Elections in new svib-districts. 

Board of special district— how 
constituted, and how in- 
creased. 

Election qf members. 

Notice and conduct of election. 

How special districts aban- 
doned. 

Members of the board to become 
directors ; disposition of prop- 
erty, etc. 



3928. 



3924. 
3925. 
3926. 

3927. 



TOWNSHIP DISTRICTS. 



Township 
board of edu- 
cation—how 
constituted 
and organ- 
ized. 

Surrender of 
charter. 



Ownership of 
property. 



What consti- 
tutes a quo- 
rum. 



Section 3915. The board of education of each township dis- 
trict divided into sub-districts shall consist of the township clerk,.. 

Sec. 3914. (a). A village or a city of the second class may surren- 
der its charter without its school organization being affected thereby. 
Revised Statutes, sections 1640 and 1643. 

{h\ The property, real and personal, within the village district so- 
established, now belongs to said district, including a pro rata share of 
all moneys now in the treasury of the township district, and of the 
levy or levies alreadj^ made. 

(c). All proceedings connected with the organization of the district 
should be recorded by the secretary in the records of the district, so 
that the facts concerning its formation andorgailizationmaybe readily 
obtained in case the validity of the proceedings should ever be ques- 
tioned. 

Sec. 3915 (a). This quasi membership of the clerk leaves it in doubt 
whether half of the sub-district clerks with him, would constitute a^ 
quorum. It is presumed that a quorum of a majority will, by its- 
votes, be able to protect the public interests. If the clerk, a non-voter, 
and hence not in the full sense aBaember, can help to make a quorum,. 



SCHOOL OFFICERS GUIDE. 






Township and Special Districts. 



Ch. 4. 



and the directors who have been appointed clerks of the sub-dis- 
tricts; the board of a township district which is not divided into 
sub-districts shall consist of the township clerk, and the directors 
of the district ; the board of a township district which is composed 
of not more than two sub-districts shall consist of the township 
clerk, and the directors of the two sub-districts ; and the clerk of 
the township shall be clerk of the board, but shall not be entitled 
to a vote. [70 v. 195, §§ 26, 29; 70 v. 241, § 44.] 

Sec. 3916. There shall be elected by ballot, on the second 
Monday of April, annually, in each sub-district, and in each 
township not divided into sub-districts, by the qualified electors 
thereof, one competent person, having the qualifications of an 
elector therein, to be styled director, who shall hold his office for 
three years from the day of his election, and until his successor is 
elected and qualified; and such director shall, within five days 
after his election, take an oath or affirmation to support the con- 
stitution of the United States, and the constitution of the state of 



Election and' 
qualiflcation' 
of directors. 



this theory of the law is here counteracted. Hon. E. E. White sub- 
mitted the opinion that the township clerk may fill up a quorum, and 
his successors in this office have generally adopted this view. 

{J>). The certificate of an election as clerk oi a iui.al board of direc- 
tors, signed by the chairman and secretary of iho mocting of such 
directors convened for the purpose of organizing, is conclusive evidence 
of membership in such township board. Tlie lownship board of edu- 
cation cannot go behind such evidence, eixcept in case of fraud. 

Sec. 3916 (o). When the legislature has fixed by law the time for 
holding an election of officers, an election at any other time, unless 
provided for by law, is unauthorized and void. State v. Dombangh, 
20 0. S., 167. 

(b). Xo persons can exercise the functions or perform the official 
duties of an elective officer until he has been both elected and quali- 
fied. 

(c). An official trust cannot be delegated; see III Central Law 
Journal, page 472. Hence the practice sometimes resorted to in this 
State, of calling on a neighbor to attend a meeting of the local direc- 
tors, and even of a township loard, is manifestly illegal, and the acts 
of such boards, which depend on the votes of such substitutes are 
invalid and void. 

{d). A person who is entitled to vote at a township election, may 
vote for a director in the sub-district in which he actually resides, how- 
ever recently his residence was acquired. 

(e). See also notes under 2913. 



Certificate of 
membership. 



Legal time of 
election. 



Must be elect- 
ed and quali- 
fied. 



Oflicial trust 
cannot be 
delegated. 



"Voters in sub- 
districts. 



32 



OHIO SCHOOL LAWS. 



Ch. 4. 



Townships and Special Districts. 



Failure to 
sign poll book 
and tally- 
sheet. 



Ineligible 
candidate. 



Wrong initi- 
als to name. 



Ohio, and to discharge the duties of his office faithfully and im- 
partially, which oath or affirmation may be administered by any 
director of a sub-district of the township, or by the township 
clerk. [75 V. 81, § 27.] 

Sec. 3917. The clerk ©f each sub-district, or if a township is 
not divided into sub-districts, the clerk of the township, shall post 
written or printed notices in three or more conspicuous places in 
his sub-district or township, as the case may be, at least six days 
prior to the day of election, designating the day and hour of 
opening, and the hour of closing the election ; the election shall 
be held at the usual place of holding school meetings in the sub- 

Sec. 3917 (a). The officers of an election board cannot, after dis- 
solving the board and dispersing, return and perform any official act 
regarding such election. When they have dispersed, they cease to be 
officers of the election, — are functi-officio. 21 0. S., 216; 14 0. S., 315. » 

{b). When judges and clerks of election fail to sign poll books and 
tally-shee1s, to fill up blanks in the caption, or to carry out the aggre- 
gate votes, such omissions and mistakes may be corrected upon the 
trial of a contest, by parol evidence, and when so corrected, the docu- 
ments, sustained by parol proof, are competent evidence of the result 
of the election. 16 0. S , 184. 

(c). When poll-books are substantially in compliance with law, the 
clerk, and the justices called to his aid, are not authorized to reject the 
same on account of alleged fraud. Phelps vs. Schroder, 26 O. S., 549. 

(d). In case a candidate receiving the highest number of votes at an 
election is in<^ligible, the next highest candidate is not elected. (See 13 
Cal., 145; 38 Maine, 597; 1 Chandler, Wis., 117.) Another election 
shall be provided for, or an appointment be made according to law. 

(e). A person voted for under the name of E. H. Smith, whose name 
is H. E. Smith, there being no such man as E. H. Smith, should have 
the votes counted, if the judges are satisfied that the person H. E. 
Smith was intende<l. See case of Gates v. Beckwith, II W. L. M., 589. 

See, also, State ex rel, Jas. E. Campbell v. Charles Foster, Gover- 
nor, and Charles Townsend, Secretary of State, Ohio I^aw Journal, 
Feb. 10, 1883, in which the court held : 

"Where the Governor and Secretary of State, under section 
28S6 of the Revised Statutes, in canvassing the returns of votes 
from a congressional district aggregate the votes returned from one 
county for H. L. Morey with the votes returned from other counties 
for Henry L. Morey, treating the names as designating the same per- 
son, a mandamus will not be awarded requiring the votes thus aggre- 
gated to be counted as given for different persons, in the absence of an 
averment that the votes were intended for diflerent persons." 



SCHOOL officers' GUIDE. 



33 



Townships and Special Districts. 



Ch. 5. 



district, or township which is not divided into sub-districts; the 
meeting shall be organized by appointing a chairman and a sec- 
retary, who shall act as judges of the election; and the secretary 
shall keep a poll-book and tally-sheet, which shall be signed by 
the judges, and delivered Avithin eight days to the clerk of the 
township. [77 v. 63.] 

Sec. 3918. The directors of each sub-district, two of whom 
shall constitute a quorum, shall meet within five days after the 
second Monday of April each year, at such place as may be most 
convenient in the sub-district, and organize by appointing one of 
their number clerk of the sub district, who shall preside at the 
official meetings of the directors, and record their proceedings in 
a book to be provided for that purpose, together with the minutes 
of the proceedings of the annual school meetings held in the sub- 
district by the electors thereof, which shall be a public record ; all 
such proceedings, when so recorded, shall be signed by the clerk ; 



Meeting of di- 
rectors. 



Sec. 3918. (a). As the township board is to organize and do busi- 
ness on the third Monday of April, it is quite necessary that the direc- 
tors organize promptly after the day of election. No meeting of such 
directors is legal unless every director has had due notice of it. 

(6). The notice for each meeting must be personal, or in writing, 
left as directed in the law. If the mail should be resorted to, and it 
could be proved that each member actually received notice, it might 
be held sufficient. The presumptions are against such procedure, and 
the burden of proof would certainly be on the party affirming such 
sufficiency. 

(c). Though a member may be out of town, it would appear that 
action done without leaving' the notice as required, would be illegal and 
invalid. 16 Maine, 185. 

(d). In the absence o,f the duly elected clerk, at any legal meeting 
of the directors, a clerk pro tern, may be appointed. Such appointment 
does not make him a member of the township board. 

(e). No pretended or attempted acts of a board of education or of 
a local board of directors has any legal validity whatever, except as 
they are performed by the board in its organized capacity, its acts 
being duly recorded on its journal. The board is one organized body 
and not even an aggregate oi three or six men, whose separate acts 
performed at different times and places, will constitute a legal act in 
any sense, nor for any purpose requiring official sanction. 22 0. S., 
144; 25 Mich., 483. See further, Appendix. 

(/). As to contest of elections, see notes to sections 3906, 3987, etc. 

3 



Organization 
of board. 



Notice to 
member. 



Clerk pro 
tern. 



Business 
must be trans- 
acted at meet- 
ing. 



34 



OHIO SCHOOL LAWS. 



Ch. 4. 



Township and Special Districts. 



How vacan- 
cies in board 
filled. 



Regular and 
special meet- 
ings of board. 



the directors may meet as frequently as they deem necessary for 
the transaction of business, and may fill vacancies in the office of 
clerk, or, if the clerk be absent, either of the other directors may 
of&ciate temporarily in his place ; but no business shall be trans- 
acted at a meeting of which due notice has not^een given to each 
of the directors of the sub-district, either personally or by a writ- 
ten notice left at his residence or usual place of business. [70 v. 
195, § 28.] 

Sec. 3919-. If the qualified electors of a sub-district, or of a 
township not divided into sub-districts, fail to meet and elect a 
director on the second Monday of April in any year, as prescribed 
in this chapter, or if a vacancy occur in the board of directors, 
any three qualified electors of such sub-district or township may 
call a special meeting of the electors thereof within ten days after 
such failure to elect, or the occurrence of such vacancy, for the 
purpose of electing a director, on first giving five days' notice in 
writing of the time and place of holding such meeting, by posting 
the same in three of the most public places in the sub-district or 
township ; the director elected at such meeting shall hold his office 
for the unexpired term to be filled, and until the election and qual- 
ification of his successor ; and if there be a failure to hold such 
general election, or the special election provided for in this sec- 
tion, the township clerk shall appoint some suitable resident of the 
sub-district to act as director until the next election, and until the 
election and qualification of his successor. [70 v. 195, § 20.] 

Sec. 3920. The board of education shall hold regular sessions 
on the third Monday of April and on the third Monday of Septem- 
ber in each year, at the usual place of holding township elections, 
or at such place in the immediate vicinity thereof as may be con- 
venient for the transaction of business, and may adjourn from 



Computation 
of time. 



General re- 
quirements 
as to notice, 
etc. 



Sec. 3919. {a). When the time is calculated from an act done, the 
whole day on which the act is done is included ; but if the calculation 
he from the day itself, then the day is excluded. 

(6). As to what a notice must contain, see notes to section 3991. 

(c). The term election implies a c/ioice of a qualified person to an 
office by an electoral body, at the time, and substantially in the man- 
ner, and with the safeguards provided by law, to prevent surprise upon 
thQ electoml body. 15 0. S., 53i. 

Sec. $920. The adjourned meetings of a regular session are regular 
meetings. 



SCHOOL OFFICERS GUIDE. 



35 



Township and Special Districts. 



Oh. 4. 



time to time, or hold special meetings at any other time and place 
within the township, as it deems desirable for the transaction of 
business, which special meetings may be called by the township 
clerk, by the president of the board, or by two or more members 
of the board; but each member of the board must be duly notified 
thereof personally, or by a written notice left at his residence or 
usual place of business. [70 v. 195, § 31.] 

^Sec. 3921. A map of each township district shall be prepared 
by the board, as often as it may deem necessary, in which shall 
be designated the numbers and boundaries of the sub-districts 
thereof ; the board may at any regular session, increase or dimin- 
ish the number, or change the boundaries of sub-districts ; but no 
sub-district shall contain less than sixty resident scholars by enu- 
meration, except in cases where, in the opinion of the board, it is 



Map of town- 
ship district; 
change of 
sub-districts. 



Seg. 3921 (a). Undei' the recent decision ia the New London case, 
it may well be doubted whether the legislature has, or ever has had, 
under the present constitution, power to establish sub-districts. See 
note under section 3891, 

(6). [When a sub-district contains less than sixty enumerated youth, 
and in the opinion of the board, it is not necessary that the number 
should be so small, it is the duty of the board to enlarge or abolish 
such sub-district. But when, by reason of swamps, streams of water, 
a want of passable roads, or a sparseness of population, it is impossi- 
ble to form sub-distriets that shall contain at least sixty scholars with- 
out practically depriving some youth of school advantages, boards of 
education are at liberty, and it is their duty, to form smaller sub-dis- 
tricts. School funds are raised for the purpose of " affording the ad- 
vantage of a free education to all the youth of the State," and every inhabit- 
ant has a right to demand the establishment of a school within such a 
distance of his residence, and with such facilities for reaching it, as will 
enable his children to attend.] 

(c). On the other hand, great extravagance results from inattention 
to the matter of readjusting sub-districts which were formed in the 
early history of the State. Intervening uncleared lands, undrained 
swamps, unbridged streams, and bad roads, often rendered it neces- 
sary in an early day to build school-houses which might now be dis- 
pensed with. The money thus saved might be profitably used, and it 
is, indeed, greatly needed to support a better class of schools in town- 
ships whose inhabitants complain much of the meager school privileges 
afforded to their children. Schools in the country, thorcraghly good, 
and adequate to afford the young men and .women of the country op- 
portunities for instruction in the elements of physical sciences, for the 



Creation of 
sub-districts 
by Legisla- 
ture. 



Size of sub' 
districts. 



Excessive 
number of 
sub-districts. 



36 



OHIO SCHOOL LAWS. 



Ch. 4. 



Township and Special Districts. 



Election in 
new sab-dis- 
tricts. 



necessary to reduce the number ; and any sub-district which may 
be established by act of the general assembly shall be governed by 
the provisions of this title, except that it cannot be changed or 
consolidated by the board within three years after its formation, 
unless the written consent of two-thirds of the electors residing in 
the territory affected by such change is obtained. [75 v. 120, § 
32.] 

Sec. 3922. When the board consolidates two or more sub-dis- 
tricts into a new sub-district, or establishes a new sub-district in 
any other way, it shallcalla special meeting of the qualified electors 
resident in the new sub-district, for the purpose of electing direc- 
tors for the same ; at least five days before the time fixed for the 



Sub-district 
exist only in 
township dis- 
tricts. 



Effect of 

attaching 

territory. 



formation of some acquaintance with the instructive and inspiring 
literature of our language, would be of the greatest value to the State 
and to communities. With the habits of labor encouraged in the 
country by the great variety of work to.be done about each household, 
with the opportunity of coming directly into contact with material of 
all kinds, thorough intellectual discipline and systematized knowledge 
have wrought a blessing as signal to the denizens of the country as to 
those of the city, if not more so. But along with this industry and the 
deftness that comes of it, there must be excellent opportunities for cul- 
ture, and these must be improved, or the country tends to fall behind 
the city, making mere drudges of both men and women. The schools 
of the country demand especially good management to make them 
productive of good results. 

(d). The term "sub-district," as used in section 1 of the supple- 
mentary act of April 9, 1867 (64 v. 117), does not include the sub- 
ordinate territorial divisions of separate school districts into which a 
city or village may be sub-divided, but applies exclusively to town- 
ship or county sub-districts. [Anders v. Spargur, 19 O. S., 577.] 

Sec. 3922 (a). The attaching of a territory composing a sub-district 
to adjacent sub-districts by a township board of education, under sec- 
tion 32 of the act of May 1, 1873 (70 v. 203), is not a consolidation of two 
or more sub-districts into a new sub-district, within the meaning of said 
section, but is a change or alteration of the boundries of the sub-dis- 
tricts ; and the offices of local directors in the sub-district to which 
such territory is attached are not thereby vacated. [State v. Gibbs, 25 
O. S., 256.] 

(6). In case of consolidation of sub-distri'ts, members of local 
boards continue to serve and the clerks remains in the township board, 
until the actual election and qualification of the new board. 21 0. S., 
339. 



SCHOOL OFFICERS GUIDE. 



37 



Township and Special Districts. 



Ch. 4. 



meeting the board shall post, in three of the most public places in 
the new sub-district, written or printed notices, stating time, place, 
and object of holding the meeting ; the election shall be conducted 
as provided in this chapter, and three directors shall be elected, 
one to serve for one year, one for two years, and one for three 
years from the annual meeting next preceding the organization of 
the new sub-district ; and the terms of office of the directors of 
sub-districts so consolidated shall expire at the time such new sub- 
district is created. [75 V, 120, § 82.] 

SPECIAL DISTRICTS. 

Sec. 3923. The board of education of each special district shall 
consist of three members, who shall be residents of the district, and 
have the qualifications of an elector therein; and when the electors of 
any special district, the board of education of which consists of three 
members, desire that the board shall consist of six members, they may 
make such change in the same manner as provided for city districts 
of the second class and village districts, in section thirty-7iine hundred 
aiid devest. [70 v. 195, § 22.] 

Sec. 3924. There shall be elected annually, by ballot, on the 
second Monday of April, in each special district, by the qualified 
electors thereof, at the usual time and place of holding school 
elections in such district, one judicious and competent person to 
serve as member of the board for three years from the first Mon- 
day succeeding his election, and until the election and qualifica- 
tion of his successor ; but in special districts hereafter established, 
the first election for members of the board shall be held within 
twenty days after such establishment, at least five days previous 
notice of which, stating the time and place of meeting, and signed 
by at least three electors of the district, shall be posted in three 
of the most conspicuous places in the district ; at such meeting a 
chairman and clerk shall be chosen, and there shall be elected 
three members of the board, one to serve until the third Monday 
of April next succeeding his election, and one to serve for one 
year and one for two years from said third Monday, and each to 
serve until the election and qualification of his successor. [71 v. 
57, § 23 ; 75 v. 120, § 19.] 

Sec. 3925. The clerk of the district shall post written or 
printed notices, in three or more conspicuous places in the district, 
at least six days prior to the day of election, designating the day 
and the hour of opening and closing the election; and the election 

Sec. 3924, If not held on the day fixed by law, see note on sec. 3916, 
Sec. 3925. Notice on the first for an election on the sixth, is not 
sufficient. See note on sec, 3909, 



Board of spe- 
cial district — 
how consti- 
tuted, and 
how increas- 
ed. 



Election of 
members. 



Notice and 
conduct of 
election.' 



38 



OHIO SCHOOL LAWS. 



Ch. 4. 



Township and Special Districts. 



How special 

districts 

abandoned. 



Members of 
the board to 
become direc- 
tors ; dispos- 
tion of prop- 
erty, etc. 



shall proceed, and a return thereof be made, in the manner 
provided for elections in village districts, and shall continue at 
least two hours. [71 v. 57, § 24.] 

Sec. 3926. When the electors of a special district desire to 
abandon their organization, and become a part of the township 
district of the township in which such special district is located, 
they may make the change in the following manner : Written or 
printed notices shall be posted in at least five of the most public 
places in the district, signed by a majority of the members of the 
board of education, or one of the board and at least six resident 
electors of the district, requesting the qualified electors thereof to 
assemble on a day, and at an hour and a place, designated in the 
notices, which notices shall be posted at least ten days prior to the 
day designated in them, then and there to vote for or against such 
change ; the electors, when assembled at the time and place 
designated in the notices, shall appoint a chairman and two clerks, 
who shall be judges of the election, which shall continue at least 
two hours ; those in favor of the proposed change shall have writ- 
ten or printed on their ballots the words " School — change," and 
those opposed thereto the words "School — no change," and a ma- 
jority of the ballots cast shall determine the question whether the 
change shall be made ; the judges shall, within five days after the 
election, make due return thereof to the board of education of the dis- 
trict ; and if a majority of the votes cast are in favor of the change, 
the board shall immediately certify that fact to the township board, 
which shall thereupon assume jurisdiction of the territory, projDerty, 
and affairs of the special district, and thereafter treat such district 
as a sub-district of the township district, [72 v. 27, § 25.] 

Sec. 3927. The members of the board of education of the spe- 
cial district shall be directors ot the sub-districts so created, for the 
remainder of the terms for which they av ere elected respectively; 
the clerk of the special district board shall deliver to the clerk of 
the township board all the books and papers of the special dis- 
trict in his custody, and notify the county auditor, in writing, of 
the abandonment of the organization of the district; the treasurer 
of the special district board shall deliver to the treasurer of the 
township board all the books, papers, and money of the special 
district in his possession ; the township board shall complete all 

Sec. 3926. The general rule in computation of time within which an 
act is to be done is to exclude the first day and include the last. 
[Am. Law Register, H. S. X 36; 16 0. S., 208, 209.] 



SCHOOL officers' GUIDE. 



39 



Joint Sub-districts. 



Ch. 5. 



unfinished business pertaining to the special district ; any debt con- 
tracted by the special district board shall be paid out of the money 
transferred to the treasurer of the township board, as herein 
provided, and money arising from taxes levied by the special dis- 
trict board ; and if such funds are insufficient therefor, the remain- 
der shall be paid by a special tax upon the property of the sub- 
district so created.' [72 v. 27, § 25.] 



CHAPTER 5. 



JOINT SUB-DISTRICTS. 



Section- 

3928. Township bonrds may estab- 

lish by mutual agreement. 

3929. How the school governed and 
supported. 

Further provision* for estab- 
lishment. 

May be established on peti- 
tion. 

What petition to contain. 

Clerks to give notice of filing, 
etc. 

When petition m.ay be filed 
with probate judge. 

Security for costs to be given. 

Time and place of meeting of 
commissioners. 

Publication of notice. 

Commissioners to be ap- 
pointed. 

Oath and duties of commis- 
sioners. 



3930. 
3931. 



3932. 
3933. 



3934. 



3935. 
3936. 



3937. 
3938. 



3939. 



Section 

39-10. Clerks to have present plats 
and papers. 

The report of the commission- 
ers. 

{a). When local board may 
designate site for scTiool- 
house. 

The effect of the report. 

Judgment for costs; what fees 
allowed. 

Report and judgment for sub- 
district. 

How costs paid in such cases. 

Petition for other purposes. 

Proceedings thereon. 

When ^uch petition may be 
filed with probate judge. 

Election, duties, etc., of direc- 



3941. 
3941. 



3942. 
3948. 

3944. 

3945. 
3946. 
3947. 
3948. 

3949. 



3950. 



Power to change joint sub-dis- 
tricts limited. 



Section 3928. When the better accommodation of scholars makes ^ 

Township 

it desirable to form a joint sub-district, composed of parts of two esinMish^b^ 
or more townships, the boards of education of the townships inter- ^^n^^^^^"®" 
ested may, by mutual agreement, at a joint meeting held for the 
purpose, establish the same, and fix the boundaries thereof:; if 
there is no suitable school-house within such boundaries, or if there 
is one, but it is not suitably located, the boards shall designate a 
site whereon to erect such building; but if there is a suitable 
school-house within such boundaries, properly located, the school 
shall be held therein ; a chairman and secretary shall be chosen at 



Section 3928. (a). [Mutual agreement implies consent of eacli 
board interested; -that is, it requires a majority of a quorum of eacli 
board to form a joint sub-district. 

(6). Joint sub-districts can be established only by a transfer of ter- 
ritory. The teacher thereof must hold a certificate from the board of 
exam.iners of the county in which the school-house is situated.] 

(c). These proceedings should be carefully recorded- See note {e) 
to section 3914. 



Mutual ooor- 
sent. 



Teacher 
where exam.- 
ined,. 



40 



OHIO SCHOOL LAWS. 



Ch. 5. 



Joint Sub-districts. 



How the 
school gov- 
erned and 
supported. 



Further pro- 
visions for es- 
tablishment. 

May be estab- 
lished, on pe- 
tition. 



Whatipetiticn 
ta contain. 



Clerks to. give 
notice of fil- 
ing, etc. 



such meeting, and the secretary shall make a memorandum of the 
proceedings had thereat ; a copy of such memorandum, signed by 
the chairman and secretary, shall be transmitted to the clerk of 
each of the boards, who shall record the same in his record of pro- 
ceedings of the board ; and the secretary shall transmit a like copy 
of the proceedings to the auditor of each county having territory 
embraced in the joint sub-district. [70 v. 195, § 34.] 

Sec. 8929. The school in a joint sub-district shall be under the 
control of the board of education of the township in which the 
school-house is situate, of which board the director who is clerk of 
the joint sub-district shall be a member ; but such school shall be 
supported from the school funds of the townships having territory 
in the joint sub-district, in proportion to the enumeration of youth, 
as provided in sections thirty-nine Imndred and sixly-one and thirty- 
nine hundred and sixt'j-ttvo. [75 v. 84, § 35.] 

Sec. 3930. Joint sub-districts may be established also in the 
manner provided in succeeding sections of this chapter. 

Sec. 3931. Three or more qualified electors, resident of the 
territory sought to be included therein, may apply, in writing, to 
the board of edu,cation of any township wherein any part of the 
territory is situate, for the creation thereof. [75 v. 120, § 1.] 

Sec. 3932. The petition shall describe the territory sought to 
be included in the joint sub-district, may set forth the reasons 
requiring the creation thereof, and shall be filed with the clerk of 
the board of education to which it is addressed. [75 v. 120, § 2.] 

Sec. 3933. Upon the filing of such petition, such clerk shall 
forthwith give notice thereof, in writing, to the members of the 
board of which he is clerk, which notices shall name a suitable and 
convenient place, and a day and hour, for the boards to meet ; he 
shall also transmit a like notice, fortlnvith, to the clerks of all 
other boards of education having jurisdiction over any of the ter- 
ritory sought to be affected ; and such clerks, upon the receipt of 
such notice, shall in like manner give notice forthwith of the filing 
of such petition, and of the time and place of meeting, to each 
member of their respective boards. [75 v. 120, § 3.] 



Sec. 3929. (a). " Shall be a member," let him live in which town- 
ship he may. 

(&). No money will be contributed from a township which has no 
youth enumerated within the joint sub-district. 



SCHOOL OFFICERS GUIDE. 



41 



Joint Sub-districts. 



Ch. 5. 



Sec. 3934. It shall be the duty of such boards to meet and 
consider the petition within thirty days from the time the same is 
filed, but if they do not do so Avithin sixty days from such time, 
or having met, established, or determined not to establish a joint 
sub-district, three or more electors of the territory sought to be 
included therein may file a petition or remonstrance, for or against 
the same, with the probate judge of the county; and if the terri- 
tory sought to be included tlierein is situated in two or more coun- 
ties, the petition may be filed with the probate judge of either 
county. [75 v. 120, §4; 78 v. 8.] 

Sec. 3935. The petitioners shall also file with the probate 
judge the undertaking of one or more of their number, with se- 
curity to the satisfaction of the judge, in the sum of one hundred 
dollars, conditioned that the petitioners will pay all the cost of a 
proceeding if a joint sub-district be not established thei'eby. [75 
V. 120, §5.] 

Sec. 3936. Upon the filing of such petition and undertaking, 
the judge shall fix a time, not more than sixty days thereafter, and 
a place, Avhich shall be the school-house upon the territory, if there 
is one thereon, and if there is more than one school-house there- 
on, then the house last built, and if there is no school-house 
thereon, then some convenient place within the territory, for the 
meeting of the commissioners hereinafter directed to be appoint-ed 
[75 V. 120, § 6.] 

Sec. 3937. The judge shall thereupon cause to be published, 
for four consecutive weeks, in two newspapers of opposite politics, 
printed and of general circulation in the county where the peti- 
tion is filed, notice of the filing of such petition, and of the time 
and place of meeting of the coinmissioners. [75 v. 120, § 7.] 

Sec. 3938. The judge shall also make an order appointing 
three judicious, disinterested men of the county, and not residents 
of either of the townships to be affected, to be commissioners, and 
to act in the premises ; if a person so appointed die, or fail from 
any cause to be present and to act, or if he give notice of his in- 



Wlien peti- 
tion for Joint 
sub-district 
may be filed 
witli probate 
judge 



Security for 
costs to be 
given. 



Time and 
place of meet- 
ing of coni- 
niissioners. 



Publication 
of notice. 



Commission- 
ers to be ap- 
pointed. 



Sec. 3934. The petition is first to go to the board of education 
and only in case of there being three persons who are to be affected 
by the neglect of the board to act, or by their establishment of, or 
determination not to establish such joint sub-district, can the petition 
or remonstrance go to the probate judge. 



Petition must 
be first pre- 
sented to the 
board. 



42 



OHIO SCHOOL LAWS. 



Ch. 5. 



Joint Sub-districts. 



Oath and 
duties of com- 
missioners. 



Clerks to 
have present 
plats and 
papers. 



The report of 
the commis- 
sioners. 



Local direc- 
tors to desig- 
nate site for 
school-house. 



ability to serve, the judge sliall forthwith, by order, appoint an- 
other in hfs stead, who may act as if he had been originally appoint- 
ed; and the judge shall deliver a copy of the petition and his 
order to the commissioners, and shall instruct them in the law ap- 
plicable to such proceedings. [75 v. 120, § 8.] 

Sec. 3939. The commissioners shall take an oath to discharge 
faithfully the duties required by this chapter, according to the 
best of their knowledge and understanding, and shall meet at the 
time and place named in the published notice, may examine wit- 
nesses under oath, which may be administered by one of their 
own number, and consider and determine the question whether a 
joint sub-district ought to be established. [75 v. 120, § 9.] 

Sec. 3940. The clerks of the several boards of education 
interested shall be present at the meeting of the commissioners, 
and have with them the plats of the several townships, with the 
lines of the several sub-districts marked thereon, and such 
other papers and docuniButs as will serve to inform the commis- 
sioners, and give them a correct idea of the wants of the petitioners. 
[75 V. 120, § 10.] 

Sec. 3941. The commissioners shall report, in writing, to the 
probate judge : 

1. Whether or not a joint sub-district ought to be established, 
and their reasons therefor. 

2. If they find in favor of the establishment of a joint sub-dis- 
trict, they shall give the lines and a plat tliereof ; they may also 
change the lines of the sub-district proposed in the petition, by in- 
cluding therein other territory, or excluding territory included 
therein, or both ; and if there is no suitable school-house within 
such boundaries, or, if there is one, but it is not suitably located, they 
shall designate a site whereon to erect such building. [75 v. 120 

§11-] 

Sec. 3941a. Where, in any joint sub-district heretofore establish- 
ed by proceedings in the probate court, there is no suitable school- 
house, and no site has been designated whereon to erect such 
building, the local directors, or a majority of them, of such joint 
sub-district, are hereby authorized and required to designate a site 
for such school-house, and report the same to the clerks of the 
boards of education of the several townships having territory in 
such joint sub-district. And the board of education of the town- 



SCHOOL OFFICERS GUIDE. 



43 



Joint Sab-districts. 



Ch. 5. 



ship in which such school-house site shall be located, shall, at its 
next meeting thereafter at which it may make the annual esti- 
mates and levies for scho3l purposes, make the necessary estimate 
to purchase such school-house site, and to erect and furnish a suit- 
able school-house thereon, according to the provisions of section 
thirty-nine huiidred and sixty-one. And if such board of educa- 
tion fail to make and rej)ort such estimate to the county auditor 
before the first Monday of June next thereafter, the county com- 
missioners of such county shall, at the request of the majority of the 
local directors of such joint sub-district, make such estimate and 
levy and report the same to the county auditor. And such levy 
shall be made and the money collected in like manner as the funds 
are levied and collected for other joint sub-districts. [80 v. 62.] 

Sec. 3942. The report of the commissioners, if against the 
establishment of a ioint sub-district, shall be a bar to any pro- 
ceeding to establish a joint sub-district out of any of the territory 
described in the petition for three years ; and if the report be in 
favor of the establishment of a joint sub-district, it shall be final, 
unless set aside by the probate court for fraud. [75 v. 120, § 12.] 

Sec. 3943. If the report be against the establishment of a 
joint sub-district, the judge shall render judgment against the 
petitioners for all the costs of the proceeding; and the commis- 
sioners and the judge shall receive the same fees as are authorized 
to be charged for like services in proceedings to establish roads, 
and such other fees as are authorized by law. [75 v. 120, § 13.] 



Board of edu- 
cation to 
estimate. 



Proceedings 
if board fail. 



The effect of 
the report. 



Judgment for 
cost ; what 
fees allowed. 



Sec. 3942. There is little reason to suppose that the word "final" 
is intended to mean any more than it would mean in case the boards of 
education had'themselves proceeded to complete the formation of a joint 
sub-district. It becomes, by this act o^ *be commissioners an estab- 
lished joint sub-district, ready for the com^. ■^ion of its organization 
by the election of directors and the erection of u school-house on the 
site designated by the commissioners. The law merely prescribes a 
manner of forming an ordinary joint sub-district subject to the pro- 
visions of the law including sections 3893 and 3950, as the latter was 
amended in 1880. This view may seem to imply the inconsistency 
that the boards may, under 3950, at once dissolve the joint sub-dis- 
trict. In case the legislature had established the district, a board 
could not, of course, repeal its act. If the boards had formed it, they 
could dissolve it. It is, no doubt, in the same condition it would be 
in had the boards formed it. 



Dissolution 
of the joint 
sub-district. 



44 



OHIO SCHOOL LAWS. 



Ch. 5. 



Joint Sub-districts. 



Report and 

judgment for 
sub-district. 



How costs 
paid in such 
case. 



Petition for 
such pur- 
poses. 



Se€. 3944. If the report be in favor of the establishment of a 
joint sub-district, the judge shall make an entry corafirming the 
same ; and a certified copy of the report, including the plat and 
his order, shall be delivered to the clerk of the board of educa- 
tion of each township interested therein, and thereafter such joint 
sub-district shall be fully established, and it shall be governed and 
controlled in the same manner as joint sub-districts otherwise 
established. [75 v. 120, § 14.] 

Sec. 3945. In such case the judge shall tax the costs of the 
proceedings to the board of education of the several townships in- 
terested, in such proportion as he may deem just and equitable, 
and certify the same to the clerks of such boards ; and the boards 
shall be liable therefor, and at the first regular or special meeting 
of each thereafter payment of the amount so taxed to it shall be 
ordered. [75 v. 120, g 15.] 

Sec. 3946. A petition may, in like manner, be filed with the 
clerk of the board of education of any township, praying for the 
creation of an additional sub-district, or for changing the lines of 
sub-districts, or for the creation of a special school district, or for 
changing the lines of special or village districts, and adjoining sub- 
districts ; but when a special or village district is interested in such 



Petition ap- 
plicable 
when. 



Changing dis- 
tricts created 
by special 
statute. 



Sec. 3945. Concerning the rt cord of these proceedings see note (c) 
to section 3914. 

Sec. 3946. (a). The petition is not applicable to a case in which it is 
sought to change the boundaries between two special or two village or 
city districts, or between a special and a village or city district. It per- 
tains only to cases in which the boundaries of a sub-district are in 
some way to be affected, as only in such cases has the township board 
jurisdiction. But, according to section 3S98, the boards of education 
having the management of such special, village, or city districts may 
transfer their territory from one to the other. Ham. Co. Com. Pleas, 
Boards of Ed'n Sycamore Tp. v. Henry C. Bowen et al. 

(b). If the decision of the Supreme Court in the New London case 
—see note under section 3891 — annihilates all special districts created 
immediately by the legislature, then the question whether the terri- 
tory of such districts can be transferred has ceased to be of interest. 
It is the general opinion that such territory cannot be transferred, not- 
withstanding the usual clause in these special enactments that such 
districts are subject to their respective boards of education, in all 
respects as other like districts. In case the boards can transfer part 
of such territory, they can transfer it all to its original districts, and 



SCHOOL OFFICERS GUIDE. 



45 



Joint Sifb-districts. 



Oh. 5. 



proposed change, the petition may be filed either Avith the clerk of 
the township board, or the clerk of the board of education of fuch 
special or village district; and when any such lines have been so 
changed, they shall not be altered by any board or boards of edu- 
cation until after the expiration of three years, except upon the 
written consent of two-thirds of the electors residing within the 
territory affected by the change. [75 v. 120, § 16.] 

Sec. 3947. Such petition may be filed with the clerk of the 
board of education of such special or village district, with the 
clerk of the board of education of the township, or, if the changes 
sought by the petition affect territory in more than one township, 
with the clerk of the board of education of either township ; and, 
upon the filing thereof, the members of the board or boards inter- 
ested shall be notified, as provided in section thirty-nine hundred 
and thirty-three. [75 v. 120, § 17.] 

Sec. 3948. It shall be the duty of such board or boards to meet 
and consider the petition within thirty days from the time the same 
is filed, but on failure to do so within sixty days of such time, or 
if the board or boards meet and grant, or refuse to grant, the 
prayer of the petition, a petition or a remonstrance may be filed 
with the probate judge of the county, by either party, as provided 
in section thirty-nine hnndrtd and thirty-four; and, there- 
after, such proceedings may be had thereon, and they shall have 
, the same effect as is herein provided for the formation of joint 
sub-districts. [75 v. 120, § 18; 78 v. 9.] 

Sec. 3949. Directors of joint sub-districts shall be elected at 
the same time, in the same manner, and for the same term, as 
directors of other sub-districts, and shall organize at the same time, 
and in the same manner, have the same powers, perform like duties, 
and be subject to the same penalties; but in such sub-districts 
hereafter established, the first election shall be held Avithih twenty 
days after such establishment, at least five days' previous notice of 
which, stating the time and j)lace of meeting, and signed by at 



Proceedings 
thereon. 



When such 
petition may 
be filed with 
probate judge. 



Election, du- 
ties, etc., of 
directors. 



thus virtually repeal the special law enacted by the legislature itself. 
Section 3921 formally grants boards of education the power to change 
the boundaries of sub-districts created by the legislature, after three 
years. 

(c). As to what matters public notices must contain, see notes to 
section 3991. 



46 



OHIO SCHOOL LAWS. 



Ch. 5. 



Joint Sub-districts. 



How joint 
siib-district 
dissolved, 
clianged or 
altered. 



Board of edu- 
cation failing 
to agree may 
appeal to pro- 
bate court. 



least three electors of the sub-district, shall be posted in three of 
the most public places in the sub-district ; and at such meeting a 
chairman and clerk shall be chosen, and there shall be elected 
three directors, one to serve until the third Monday of April next 
succeeding his election, and one to serve for one year and one for 
two years from said third Monday, and until the election and qual- 
ification of their successors. [70 v. 195, § 34; 75 v. 120, § 19.] 
Sec. 3950. No joint sub-district which is now organized, or 
may hereafter be organized, shall be dissolved, changed, or altered, 
unless by the concurrent action of the boards of education of the 
several townships having territory included therein; provided, 
however, that when any board of education in a joint sub-district 
desires to dissolve, change, or alter the same, the board of educa- 
tion desiring such dissolution, change, or alteration, shall notify, 
in writing, the boards of education interested, of the time when 
they will meet to consider the proposed dissolution, change, or 
alteration. The place of meeting shall be at the school-house in 
such joint sub-district; but if there be none, then at some conve- 
nient place in the vicinity of such joint sub-district. If the joint 
boards fail to meet, or, having met, cannot agree upon a dissolu- 
tion, change or alteration, {as the case may be), then the board of 
education desiring such dissolution, or change, or alteration, may 
appeal to the probate court of the proper county, and the same 
proceedings shall be had as in case of appeal in the formation of 
joint sub-districts, so far as applicable, as provided in sections 
8935, 3936, 3937, 3938, 3939, 3940, 3941 of the revised statutes. 
[77 V. 186.] 

Sec. 3950. (a.) As no joint sub-district can be altered unless by the 
method prescribed, it would appear that any joint sub-district, how- 
ever formed, may be "dissolved, changed, or altered" fe?/ such concur- 
rent action. ■ See note to sections 3941-2, also section 3893. 

(6). The following case has just been decided (June 12, 1883), by the 
Supreme Court: 

Where a joint sub-school district is established by the probate court 
under the provisions of sections 3930 to 3950, inclusive, of the Revised 
Statutes, and the judgment of said court remains in full force and 
unreversed, an action by the board of education of the township in 
which such joint sub-district is established, to enjoin the county com- 
missioners from levying a tax to support the same, can not be main-- 
tained. The judgment of the probate court is final, unless reversed for 
error or set aside for fraud. Board of Education of Washiagton town- 
ship, Darke county, vs. John H. Stuck et al. 



SCHOOL OFFICEKS' GUIDE. 



47 



School Funds. 



Ch. 6. 



CHAPTER 6. 



SCHOOL FUNDS, 



Sectiok 
3951. The 



3952. 



3953. 
3954. 



3955. 
3956. 



3957. 



3959. 
3960. 



3961. 



state common school 
fund." 

Interest upon proceeds of salt 
and swamp lands. 

The "conimon school fund." 

Accounts. of coiiuiion school 
fund — how kept, etc. 

Bequests, etc., Ui trust for com- 
nion school fund. 

Apportionment of school funds 
by auditor of state. 

To what county conuiion 
school fund paid when coun- 
ty line divides original sui-- 
veyed township. 

Estimate and levy for contin» 
gent fund. 

Limitation as to levy for con- 
tingent fund. 

Estimate to be certified to 
countj' auditor. 

Contingent fund for joint .''Ub- 
district. 



Section 

3962. Same when county line dlvMes 

such sub-district. 

3963. Funds of district composed of 

territory in move than one 
county. 

3964. Apportionment of sctsool funds 

by county auditor. 

3965. iJistriijution of money after ap- 

portionment. 

3966. Apportionment of common 

school fund by county audi- 
tor when county line divides 
original surveyed township. 

3967. Apportionment of contingent 

fund by boards of education. 

3968. How contingent fund to be ap- 

plied in Toledo. 

3969. County commissioners to levy 

contingent fund when board 
neglects. 

3970. County auditor to collect fines, 

etc., and inspect section six- 
teen accounts. 



The "state 
common 
school fund. 



Section 3951. For the purpose of affording advantages of a 
free education to all the youth of the state, there shall be levied, 
anoually, a tax upon the grand list of taxable property of the 
state, M'hich shall be collected in the same manner as other state 
taxes axe collected, and the proceeds of which shall constitute the 
"state common school fund;" the rate of such levy shall be desig- 
nated by the general assembly at least once in two years ; and if 
the general assembly fail to designate the rate for a v year, the 
same shall be one mill upon each dollar of valuation e such tax- 
able property. [70 v. 195, § 126.] 

Sec. 3952. The state shall pay interest annually, at the rate interest upon 
of six per cent, per annum, upon all money which has been paid salt and 
into the state treasury on account of sales of lands commonly 
called "salt lands," and upon all money heretofore paid, or which 
may hereafter be paid into the state treasury on account of sales 
of swamjj lands granted to the state of Ohio by act of congress ; 
the money received from such sales shall constitute an irreducible 
debt of the state ; and the interest shall be apportioned annually 
on the same basis as the state common school fund is apportioned, 
and distributed to the several counties as provided in section 
thirty-nine hundred and fifty-six. ["70 v. 195, § 132; 49 v. 40, § 1.] ' 



48 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



The "com- 
jnon school 
fund." 



Accounts of 
common 
school fund- 
how kept, etc. 



Bequests, etc., 
in trust for 
common 
school fund. 



Sec 3953. The money which has been and may hereafter be 
paid into the state treasury on account of sales of lands granted 
by congress for the support of public schools in any original sur- 
veyed township, or other district of country, shall constitute the 
"common school fund," of which the auditor of state shall be 
superintendent, and the income of which shall be applied exclu- 
sively to the support of common schools, in the manner designated 
in this chapter. [70 v. 195, §§ 127, 128.] 

Sec. 3954. The common school fund shall constitute an irre- 
ducible debt of the state, on which the state shall pay interest 
annually, at the rate of six per cent, per annum, to be computed 
for the calendar year, and the first computation on any payment 
of principal hereafter made to be from the time of payment to and 
including the thirty-first day of December next succeeding ; and 
the auditor of state shall keep an actount of the fund, and of the 
interest which accrues thereon, in a book or books to be pro- 
vided for the purpose, with each original surveyed township and 
other district of country to which any part of the fund belongs, 
crediting each with its share of the fund, and showing the amount 
of interest thei'eon which accrues and the amount which is dis- 
bursed annually to each. [70 v. 195, §§ 128, 129.] 

Sec. 3955. When any grant or devise of land, or any donation 
or bequest of money or other personal property, is made to the 
state of Ohio, or to any person, or otherwise, in trust for the 
common school fund, the same shall become .vested in said fund; 
and when the money arising therefrom is paid into the state 
treasury, proper accounts thereof shall be kept by the auditor of 



Liability to 
pay subscrip- 
tions. 



Sec. 3955. As to liability to pay a subscription to build houses and 
furnish other means of public improvement, see Walker's American 
Law, page 443. He says among other things : "The law on this point 
is as yet unsettled. There are opinions and dicta which seem to. 
make all such subscriptions binding, on the ground that the promise 
of each is a consideration for the promise of all. 4 N. H., 533; 21 N. 
Y., 234. On the other hand, some actual benefit to the subscriber, or 
some actual expenditure on the faith of his subscription, or some 
agreement on the part of the party to whom the promise runs, has 
been required to sustain it. Phillips Acade.my v. Davis, 11 Mass., 
113; Bridgewater Academy v. Gilbert, 2 Pick., 579; Common School 
Fund V. Perry, 5 0., 58; Ohio W. F. College v. Love, 16 O. S., 
20.' But the expenditure need not be by the parties to whom the sub- 
scription is payable, if others have acted on the faith of them." 



SCHOOL OFFICERS GUIDE, 



49 



School Funds. 



Ch. 6. 



state, and the interest accruing therefrom shall be applied accord- 
ing to the intent of the grantor, donor, or devisor. [70 v. 195, 
§131.] 

Sec. 3956. The auditor of state shall apportion the state com- 
mon school fund to the several counties of the state semi-annually, 
upon the basis of the enumeration of youth therein, as shown by 
the latest abstract of enumeration transmitted to him by the state 
commissioner of common schools; before making his February 
settlement Avith county treasurers, he shall apportion such amount 
thereof as he shall estimate to have been collected up to that time, 
and, in the settlement sheet which he transmits to the auditor of 
each county, shall certify the amount payable to the treasurer of 
his county ; before making his final settlement with county treas- 
urers each year, he shall apportion the remainder of the whole 
fund collected, as nearly as the same can be ascertained, and in 
the August settlement sheet which he transmits to the auditor of 
each county,- shall certify the amount payable to the treasurer of 
his county ; in each February settlement sheet he shall also enter 
the amount of money payable to the county treasurer on the appor- 
tionment of interest specified in section thirty-nine hundred and fifty- 
two ; he shall also enter in each February settlement sheet the 
amount of money payable to the county treasurer on account of 
interest for the preceding year on the common school fund, and 



Apportion- 
ment of 
school funds 
by auditor of 
state. 



Sec. 3956. (a). [By section 4036 the county auditor is authorized to 
employ a proper person to take the enumeration in any district when- 
ever the same is not taken as required by ]aw, and section 4038 makes 
the clerk liable for all damage or loss accruing to any school district by 
his neglect to cause such enumeration to be taken and returned to the 
county auditor. 

(&). The Auditor of State apportions these funds to the several 
counties, and certifies the same to the county auditors, and they appor- 
tion them to the school districts in the county, giving the clerks and 
treasurers of school districts a copj' of such apportionment, and giving 
orders on the county treasurer for the amounts so apportioned, and 
taking their receipt therefor. 

(c). All fines, etc., collected and paid into the county treasury 
should be disbursed to the proper school districts in the same manner. 

[d). By Eevised Statutes of Ohio, Title I, Chapter 13, Section 358, 
the State Commissioner is required to exercise such supervision ov dr 
the educational funds of the State as may be necessary to secure their 
safety ancj right application and distribution according to laiv.^ 

4 



50 



OHIO SCHOOL LAWS, 



Ch. 6. 



School Funds. 



To what 
county com- 
mou school 
fund paid 
when county 
line divides 
original sur- 
veyed town- 
ship. 



Auditor to 
certif J' to 
clerk of dis- 
trict amount 
of taxable 
property. 



Board of edu- 
cation shall 
dete..mine 
amount nec- 
essary to be 
levied. 



designate the source or sources from which the interest accrued ; 
he shall transmit with each February settlement sheet a certified 
statement, showing the amount of interest derived from the com- 
mon school fund payable to each original surveyed township or 
other district of country within the county ; and the treasurer of 
each county shall, at each semi-annual- settlement with the auditor 
of state, retain in the county treasury, from the state taxes col- 
lected by him, the amount of the funds herein mentioned shown 
by the settlement sheet of the auditor of state to be payable to 
him at that time; but if such amount for any county exceeds the 
amount of state taxes collected therein, the auditor of state shall 
draw an order on the treasurer of state, in favor of the treasurer 
of such county, for the balance of school funds due his county, 
and transmit the same to such county treasurer, and the treasurer 
of state shall pay such order upon its presentation to him. [70 
V. 195, §§ 120, 130.] 

Sec. 3957. If parts of an original surveyed township or frac- 
tional township are situate in two or more counties, the amount 
of interest on common school fund due to such township shall be 
paid in the manner provided in the last section, to the treasurer of 
the county wherein the greatest relative portion of such township 
is situate ; but if it be uncertain in which county such portion is 
situate, the amount of interest due to such township shall be paid 
to the treasurer of the oldest county in Avhich any part of the 
township is situate. [70 v. 195, § 130.] 

Sec. 3958. (a). It shall be the duty of the auditor to certify- 
to the clerk of each district before the third Monday in April, the 
amount of taxable property in such district, and each board of 
education shall annually, at a regular or special meeting to be 
held between the third Monday in April and the first Monday in 
June, require from the clerk of the board, a written statement of 
all unexpended balances in the hands of their treasurer or standing 
to the credit of their district and determine by estimate as nearly 
as practicable, the amount of money in addition to such balances 
and credits necessary to be levied as a contingent fund to continue 
the school or schools of the district after the state funds are 
exhausted, to purchase sites for school-houses, to erect, purchase, 
lease, repair and furnish school-houses, and build additions thereto, 
and for other school purposes. [75 V. 526, § 56; 75 v. 101, §4; ,80 v. 17.] 



SCHOOL OFFICERS GUIDE. 



51 



School Funds. 



Ch. 6. 



make esti- 
mates (if 
amuuiit uec~ 
essary for 
coniiiiuciiioe 
of s<.-liools,etc. 



Sec. 3958. (6). Each board of education, except in cities of ^ °tjf,fj t* ^^^ 
the first grade of the first class, shall annually, at a regular or 
special meeting to be held between the third Monday in April and 
the first Monday in June, determine by estimate as nearly as prac- 
ticable the entire amount of money necessary to be ieyied as a 
contingent fund, for the continuance of the school or schools of 
the district after the state funds are exhausted, to purchase sites 
for school-houses, to erect, purchase, lease, repair and furnish 
school-houses, and build additions thereto, and ^for other school 
expense?. [75 y. 526, § 56; 75 y. 101, § 4; 80 v. 129.] 

Sec. 3969. Such estimate and levy shall not exceed in cities 

Sec. 3958. (a). Section 3958 (a) was passed February 13, 1883, 
amending and repealing the original section. Section 3958 (b) was 
enacted April 16, 1883, also amending and repealing the original sec- 
tion, and not referring to the Act of February 13. As the section 
stands upon the statutes in two forms, both are inserted. 

(6). "It is a general rule that statutes, so far as they limit a time for 
the performance of an act by a public officer, for the public benefit, 
are merely directory, where time is not the essence of the thing to be 
done, unless there are negative words, and the act is valid if done 
afterwards. 

(c). "A notice, by a clerk of a board of education, of a tax voted 
by the board, to build a school-house, delivered to the auditor on the 
11th day of June, is sufficient authority to the auditor for carrying the 
tax into his duplicate." II. Western Law Monthly, page 589. 

(d). Tuition from non-resident pupils is to be paid to the board of 
education, and disbursed like' other contingent funds. Neither the 
teacher nor the local directors have any authority to retain or to pay 
out such funds. 

(e). The term "Contingent Fund" is used to designate the local 
levy, because the amount of it is contingent on the difference between 
the wants of the district and the amount of State funds received. It 
includes both the amount levied for the payment of teachers, and that 
for building, repairs, and other expenses. The language of this sec- 
tion and that of section 3967 seems to imply that the State funds are to 
be used only for the payment of teachers. 

Sec. 3959 (a). As to the power of a city or village council to levy 
tax, see section 2683, sub-division 15. 

{b). For transfer of special tax, see section 2834. 

(c). For levy in city of first class, first grade, see tax commission 
law, 80 V. 125. 

(d). For special law relating to cities of first class, second grade, see 
80 V. 14. 



Statuteswhen 
directory. 



When tax 
may be placed 
on duplicate. 



Tuition of 

non-resident 

pupils. 



What the con- 
tingent fund. 



52 



OHIO SCHOOL LAWS. 



School Funds. 



Estimate to 
be 

county 
tor, 



ievy!'^"* °* of the first class, second grade, five mills ; and in all other dis- 
tricts, except in cities of the first grade of the first class, seven 
mills on each dollar of valuation of taxable property ; provided, 
however, that nothing in this section shall be construed as impair- 
(ui^the power of any municipality therein mentioned to make any 
' -yy heretofore authorized additional to that allowed by law at the 
time of such authorization. [61 v. f.iS, § 2 ; 63 v. 15, § 1 ; 75 v. 101, 
§4; 75 V. 526, §56; 79 v. 80; 80 v. 129.] 

Sec. 3960. The amount so estimated the board shall certify, 
certified to in Avriting, on or before the first Monday in June in each year, to 

inty audi- . '' . ' 

the auditor of the county to which the district belongs, who shall 
assess the entire amount upon all the taxable property of the dis- 
trict, and enter it upon the tax list of the county, and the county 
treasurer shall collect the same, at the same time and in the same 
manner as state and county taxes are collected, and pay it to the 
treasurer of the district, upon the Avarrant of the county auditor ; 
and unless he is jDaid a fixed salary, he shall receive one per 
centum on all money so collected, and no more. [70 v. 195, §§ 
57, 58.] 

Sec. 3961. For a joint sub-district the estimate required by 
section thirty-nine hundred and fifty-eight shall be made by the 
board of education having control of the school thereof, and ap- 
portioned to the several townships having territory therein in 
proportion to the enumeration of youth in the territory belonging 



Contingent 
fund ot joint 
sub-district. 



Levy voted 
by electors. 



Boards liable 
for failure to 
provide 
school ad- 
vantages. 



Transfer of 
joint sub-dis- 
trict funds. 



Sec. 3960 (a). [The board must also certify any additional amount 
for building or other purposes which may have been voted at a special 
meeting of electors, and so required to be certified in Sec. 3992. 

The board may certify the amount of money, not rates of levy.] 

If the certificate is sent in after the day, the auditor is still to levy 
the tax, if possible. See note and authority on section 3958. 

(6). If the board of education fails to provide for all the youth of 
school age in the district, the county commissioners are to perform the 
work of the board, and the members of the board " shall each be 
severally liable in a penalty " of §25 to $50 for such failure. See sec- 
tion 3969. 

Sec. 3961. As the auditor does not actually handle or transfer the 
moneys, the word, " transfer," must here refer to his record and war- 
rant. He certifies to the clerk and treasurer of each township the 
amounts ilue to the joint sub-districts from such township, that the 
money may be properly paid by the treasurer of each township dis- 
trict to the joint sub-districts and that the accounts may be fully ad- 
justed by each. 



SCHOOL officers' GUIDE. .63 



School Funds. 



to each ; the board shall certify such estimate, so apportioned, to 
the county auditor, who shall add the portion for each township to 
the estimate for a contingent fund certified to him by its board of 
education, and place it on the tax list therewith for collection as- 
paxt of the township estimate ; when the county auditor appor- 
tions the school funds he shall transfer to the township having con- 
trol of the school, from the other townships, the amounts so assessed 
and collected, and certify to the clerk and treasurer of each town- 
ship the amount due the joint sub-district, including state tax, in- 
terest on the common school fund, contingent fund, and money 
received from other sources, which amount shall be paid to the 
treasurer of the board having control of the school ; and such 
board shall cause to be kept such accounts as will shoAV the funds 
received from each township, and the disposition thereof, and 
transmit to the other board or boards interested, at the end of the 
school year, a statement of such receipts and expenditures. [75 
V. S4, § 35.J 

Sec. 3962. When a joint sub-district, is composed of fractions 



iijt- 



IT: one 
couuty. 



of two or more counties, such estimate shall be apportioned to d!^i<'r■'- such 

^ ^ ,sub-district. 

townships, as provided in the preceding section, and the amount 
apportioned to the township or townships belonging to each county 
shall be certified by the board to the auditor thereof, whose duties 
in the premises shall be the same as prescribed for the auditor in 
the preceding section, so far as the provisions thereof are appli- 
cable ; and the board shall keep accounts, and report receipts and 
expenditures, as provided in said section. [72 v. 63, § 36.] 

Sec. 3963. The funds belonging to a district composed of ter- p-^^,^,^ oj (-iis. 
ritory in more than one county shall be paid by the treasurer of u!''^"' "* "^^^^^ 
the other counties to the treasurer of the county in which the school- 
house of the district is situate ; the auditors of the other counties 
shall make settlement on account of such funds with the auditor 
of the county in which such school-house is situate ; and the 
treasurer of the district shall make the settlement required by sec- 
tion thirty-nine hundred and dxty-six with such auditor. 

Succ. 3964. Each county auditor shall, annually, immediately 
after his annual settlement with the county treasurer, apportion 
the school funds for his county ; the state common school fund 
shall be apportioned in proportion to the enumeration of youth, to 
districts, sub-districts, and joint sub-districts, and fractions of dig- 



on:o SCHOOL laws. 



Ch. 6. 



School Funds. 



DiBtribnti.iu 
of money 
after appor- 
tionment. 



Apportion- 
ment of com- 
mon school 
fund by conn- 
ty auditor 
when county 
line divides 
original sur- 
veyed town- 
ship. 



tricts and joint sub-districts, within the county ; but if an enumer- 
ation of the youth of any district, for any year, has not been taken 
and returned, such district shall not be entitled to receive any por- 
tion of said fund ; the contingent funds collected from the several 
districts shall be paid to the districts to which they respectively 
belong ; money reeived from the state on account of interest on the 
common school fund shall be apportioned to the school districts and 
parts of school districts within the territory designated by the audi- 
tor of state as entitled thereto, in proportion to the enumeration of 
youth therein, and all other money in the county treasury for the 
support of common schools, and not otherwise appropriated by law, 
shall be apportioned annually in the same manner as the state 
common school fund. [70 v. 195, § 120 ; S. & C. 64, § 2 ; S. & 
C. 1406, §3; 77 V. 58.] 

Sec. 3965. The auditor shall, immediately after such appor- 
tionment is made, enter the same in a book to be kept for that pur- 
pose, and furnish a certified copy of the apportionment to each 
school treasurer and clerk in his county ; and he shall give to each 
of such treasurers an order on the county treasurer for the amount 
of money payable to him, and take his receipt therefor. [70 v. 
195, § 120.] 

Sec. 3966. When an original surveyed township or fractional 
township is situate in two or more counties, and the land granted 
thereto by congress for the support of public schools has been sold, 
the auditor of the county to whose treasurer the interest on the 
proceeds of such sale is paid, shall apportion such interest to tlie 
counties in which such township is situate, in proportion to the 
youth of the township enumerated in each ; such auditor shall 
certify to the auditor of each of the other counties the amount so 
ascertained to belong to the part of the township situate in his 
county, and transmit to the treasurer of each of such counties an 
order on the treasurer of his own county for such amount ; and the 
auditor of each county shall apportion the amount of such interest 
belonging to the part of the township in his county, to the dis- 
tricts or parts of districts entitled thereto, in proportion to the 
enumeration of youth therein, and certify and pay the same to the 
projjer school officers, as provided in the preceding section. [70 
V. 195, §§ 121, 122 ; 72 v. 63, § 36.] 



SCHOOL officers' GUIDE. 



55 



School Funds. 



Ch. 6. 



Sec. 3967. So much of the contingent fund as may be set 
apart by a township board for the continuance of schools after the 
state funds are exhausted, shall be so apportioned by the board that 
the schools in all the sub-districts of the township shall be 
continued the same length of time each year ; and if the ap- 
portionment be not satisfactory to the directors of any Bub-district, 
or a majority of them, they may give notice thereof, in writing, to 
the county commissioners, who, at their first regular meeting for 
the transaction of business after the receipt of such notice, shall re- 
vise the apportionment, and the amount aforesaid shall be appor- 
tioned in the manner determined by the commissioners. [70 v. 
195, § 60.] 

Sec. 3968. In the city of Toledo, at each annual settlement 
of the treasurer of the board of education with the county auditor, 
there shall be placed to the credit of a sinking fund so much of 
the proceeds of the levy for contingent fund as would be produced 



Apportion- 
ment of con- 
tingent fund 
by boards of 
education. 



How contin- 
gent fund to 
be applied in 
Toledo. 



Sec. 3967 (a). [The custom which has prevailed in some township 
districts of dividing the contingent fund and placing it in the hands of 
directors, is not legal. All school funds should be retained in the cus- 
tody of the township treasurer until drawn out for the payment of ex- 
penses legally incurred. 

(6). It is advisable for each board to require directors to report for 
payment all contracts made under the provisions of this section to the 
board at their next meeting after the making of such contracts. 

(c). Inasmuch as the larger sub-districts receive more of the State 
funds than the smaller sub-districts, the latter ought to receive propor- 
tionally more of the township tuition fund than the former. If, how- 
ever, the Larger sub-districts contain two or more schools, or actually 
require more tuition money than the smaller to sustain their schools 
an equal length of time, they are entitled to more. 

The larger sub-districts may, in some instances, be obliged to pay 
higher wages than the smaller. The intention of the law is to require 
boards of education to provide the necessary funds, all the circum- 
stances being duly considered, for continuing the schools ot the several 
sub-districts an equal length of time. 

(d). In case the township tuition fund is distributed by the board 
illegally, complaint should be made to the county commissioners under 
this section. 

(e). Building Committees. — In township districts, directors are the 
legal building committees, but they can take the necessary steps for 
building or repairing only under the instruction and by the authority 
of the board of education.] 



School funds 
remain in 
custody of 
the treasur- 
ers. 



Contracts to 
be reported. 



Apportion- 
ment of J 
funds. 



Local board 

building 

committee. 



56 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



County com- 
jnissioiiei's to 
levy contin- 
gent fund 
when board 
neglects. 



by a levy of two mills, and the treasurer shall apply the same in 
payment of school bonds, and interest thereon, and to no other 
purpose. [75 v. 526, § 5G.] 

Sec. 3969. If the board of education of any district fail in 
any year to estimate and certify the levy for a contingent fund, 
as required by this chapter or to provide sufficient school privilege 
for all the youth of school age in the district, or to provide for 
the continuance of any school in the district for at least six months 
in the year, or to pi-o\dde for each school an equitable share of 
school advantages as required by this title, or to jjrovide suitable 



Commission- 
ers may act 
when. 



In case of tie. 



Sliould con- 
tinue schools 
the usual 
time. 



Local direc- 
tors may ap- 
peal from 
township 
boards. 



Case of unsafe 
school houses, 
nuisances.etc. 



Sec. 3969 (a). Several questions have arisen under this section. In 
solving any doubts that have arisen, it has seemed proper to consider 
that the purpose of the section is to provide an absolute remedy against 
the suspension of a school, and to a?sure to each pupil in the State 
reasonably convenient facilities for attending school six months each 
year. 

The commissioners cannot, of course, wait, in the face of ctpparent 
impossibilities, until the very last captious objection to their action 
has been removed. If applied to, they will, without doubt, look at 
the nature of the circumstances in each case. 

(h). If in a large city, where teachers have been paid each month, 
a board of education stands at a tie in its organization, so that it can 
not act for months together, and the pro8j)ect for action does not 
brighten, the case would seem to be one in which the schools must 
stop unless the means are provided for continuing them. In such 
case the commissioners should interfere. 

(c). The law does not seem to intend that the commissioners shall 
stop a school which has come under their control, when six months' 
school has been taught during the year. They should be governed by 
the customs of the district. In a city they should keep up the schools 
40 weeks, if that has been the custom. 

(d). Local directors, or patrons of the school, may appeal to the 
commissioners under the fourth item here enumerated, if the township 
board of education have treated the sub-district unjustly in the appor- 
tionment of funds, or continue to treat families unjustly by imposing 
the necessity of excessive travel to reach a school. 

(e). Under the lifth item, if a school building is unsafe, or becomes 
so, any persons interested maj', after due appeal to the board of edu- 
cation, appeal to the conimissioners, who should consider the necessity 
for action. Tlie same is true in case the school-house or school 
premises are in condition to engender disease, or great discomfort, or 
are intolerably near to a nuisance or source of disease, as a glue fac- 
tory, slaughter-house, untidy stable, stagnant pool, or the like. 



SCHOOL OFFICERS GUIDE. 



57 



School Funds. 



Ch. 6. 



school-houses for all the- schools under its control, the commis- 
sioners of the county to which siich district belongs, upon being 
advised and satisfied thereof, shall do and perform any or all of 
said duties and acts, in as full a manner as the board of educa-' 
tion is by this title authorized to do and perform the same ; and 
the members of a board who cause such failure shall be ^wih 
severally liable, in a penalty not exceeding fifty nor less than 
twenty-five dollars, to be recovered in a civil action in the name 
of the state, upon complaint of any elector of the district, which 
sum shall be collected by the prosecuting attorney of the county, 
and when collected shall be paid into the treasury of the county, 
for the benefit of the school or schools of the district. [72 v. 59, 
§ 59.] 

Sec. 3970. The auditor of each county shall collect, or cause County audi- 

tor to collect 

to be elected, all fines and other money for the support of com- fines, etc., and 

' •' ^^ inspect sec- 

mon schools in his county, and pay the same to the countj^ acc° uiits^^"^ 
treasurer; he shall inspect all accounts of interest accruing on 
account of section sixteen or other school lands, whether the 



Sec. 3970. The duties prescribed by this section are imperative. A 
list of all cases in which the payments are to he made into the school 
treasury has been collected by this office, and sent in the form of a 
circular to each auditor. The list is here appended. 

Sec. 3479 (Amended 188 L). Penalty for avoiding toll on turnpikes or 
plankroads. 

Sec. 4033. Penalty against the clerks of local boai^ds who fail to take 
the enumeration. 

Sees. 4301-04. Penalty for allowing certain animals to run at ImgB. 

Sec. 4382. Penalty against owners or keepers of wharf boats. 

Sees. 4401-02. l^enalty agninst peddlers that do not obtain a license. 

Sec. 1504 (Amended 1883). Penalty against township clerk failing 
to make detailed statement — act relating to oil Avells. Laws of 1883, 
page 191. 

Sec. 288. Penalty against imarance corporati-ons and others violatiBg 
the pn>visions of Chapter Vill, Title III, Revised Statutes. 

Sec. 1052. Relating to dog tax. 

Se •. 1279. Relating to the disposition, by the prosecuting attorney, of 
the proceeds of the sale of timber that grew on State or school lands. 

Sees. 1280-81. Providing for the disposition of the proceeds of the 
sale oi property, stolen, embezzled, or obtained under false pretenses. 

Sec. 1375. Penalty against township trustees and treasurers who refuse 
to serve. 



Penalties and 
forfeitures 
payable into 
the township 
(district) 
treasury. 



Penalties and 
forfeitures 
payable into 
the county 
treasury. 



58 



OHIO SCHOOL LAWS. 



Ch. 6. 



School Funds. 



is payable by tlie state or by the debtors; and he shall take all 
proper measures to secure to each school district in his county 
the full amount of school funds to which it is entitled. [70 v. 
195, g 120.] 



Penalties and 
forfeitures 
payable into 
the State 
treasury. 



Sec. 3969. Penaltj'- against members of a board of education who fail 
to perform certain duties. 

Sec. 4027. Penalty against parents and guardians for detaining chil- 
dren from school contrary to law. 

Sec. 4038. Penalty against the derh of a local board for failing to take 
the school enumeration. 

Sec. 4045. Penalty against treasurers of school districts for failing to 
make their annual settlement. 

Sec. 4061. Penalty against county auditors and clerks of boards of edu- 
cation for failing to make certain reports. 

Sec. 4063. Penalty against county auditors. 

Sees. 4088-89. Penalty against institute committee for failing to make 
required report. 

Sec. 4215. Relating to clog tax. 

Sees. 4217-18. Penalty agam&i fishing unlawfully in Lake Erie. 

Sees. 4398 (amended) 4399. Relating to peddlers^ license. 

Sec. 4487. Penalty against auditors, engineers, commissioners, and pro- 
hate judges, who fail to perform certain duties relating to county ditches. 

Sec. 6396. Penalty against assessors, physicians, midwives, clergymen, 
sextons, and jirobate judges, who fail to furnish statistics of births and 
deaths. 

Sec. 19. of act relating to sinkholes and fissures. Laws 1883, page 211. 

Sees. 1050-51. Penalty against county auditors for failing to report to 
the State Auditor. 

Sec. 1524. Penalty against assessors for neglecting or refusing to make 
out and return statistics. 

Sec. 1525. Penalty against any person, company, or corporation, refus- 
ing to make out and deliver a statement of facts for taxation. 

Sec. 3225. Relating to the proceeds of the sale of unclaimed goods, 
by express companies, common carriers, etc. 



SCHOOL OFFICERS GUIDE. 



59 



Provisions Applying to all Boards. 



Ch. 7. 



CHAPTER 7. 



PROVISIONS APPLYING TO ALL BOARDS. 



Section 
3971. Powers of boards of education. 

What property the boards have 
title to. 

School property exempt from 
taxation. 

Conveyances and contracts. 

Boards may accept bequests. 

Process against boards and bow 
served. 

Duties of prosecuting attorney 
and city solicitor. 

Tie votes to be decided by lot. 

Oath of members and other of- 
ficers. 



3972. 

3973. 

3974. 
3975. 
3976. 

3977. 

3978. 
3979. 



Section 



3980. 
3981. 



3982. 



39R3. 
3981. 



3985. 
3986. 



Organization of board. 

Vacancies in board, and how 
filled. 

Quorum ; yeas and nays to be 
taken in certain cases. 

Absence of president or clerk. 

Record of proceedings, and at- 
testation thereof. 

Boards to jaake rules; illegal 
meetings. 

Boards may make and enforce 
rules for vaccination. 



Section 8971. The boards of education of all school districts 
now organized and established, and of all school districts organized 
under the provisions of this title, shall be and they are hereby 
declared to be bodies political and corporate, and, as such, aip- 
able of suing aud being sued, contracting and being contracted 
with, acquiring, holding, possessing, and disposing of property, 
both real and personal, and taking and holding in trust, ior the 
use and benefit of such districts, any grant or devise of land, and 
any donation or bequest of money or other personal property, 
and of exercising such other powers, and having such other 

Sec. 3971 (a). Corponitions must take and grant by their corporate 
names. 2 Kent, II Ed., 351. 

(6). A board of education is not liable in its corporate capacity, for 
damages for an injury resulting to a pupil while attending a common 
school, from its negligence in the disicharge of its official duty in the 
erection and maintenance of a common school building under its 
charge, in the absence of a statute creating a liability. Finch v. Board 
of Education, 30 O. S., 37. 

(c). It is never desirable or proper, ynd it is questionable whether 
a board of education has the right, to build on property to which it 
has not acquired a clear title by lease, deed, or process of law. In the 
latter case, either the time for appeal to a higher court should have 
elapsed, or the appeal, if made, should have been decided. 

(d). Boards of education take and hold property in trust for the 
use and benefit of their distrii-ts. They have no authority to hold 
property in trust partly for the district and partly for religious pur- 
poses. See also case cited under section 3987. 



Boardsof edu- 
cation— pow- 
ers and duties 



Liability of 
boards for in- 
jui'y to per- 
sons. 



Building on 1 
land without 
clear title. 



Of trusts in 
part for other 
than school 
purposes. 



60 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions Apphdng to all BoftrtlB. 



How real es- 
tsite iriay be 
sold or ex- 
chaajced. 



"Wliat proper- 
ty the hoards 
have title to. 



Powers of 
b'tards to con- 
sider etiuities 
ill coutracts. 



Endowed 

SidlOOlS. 



Rii^hts of 
action inure 
to b'wvrds in* 
certiiiu cases. 



Defacing 
school-house, 
peiialty for. 



privileges as are conferred by tliis title; but when a board of 
education decides to dispose of any property, real or personal, 
held by it in its corporate capacity, exceeding in value three 
hundred dollars, it shall sell the same at public auction, after giv- 
ing at least thirty day.s' notice thereof, by publication in some 
newspaper of general circulation, or by posting notices in five 
of the most public places in the district to which such property 
belongs. Provided, that upon a vote of the majority of the 
members of any board of education, and a concurring vote of the 
council of any municipal corporation, that an exchange of any 
real estate held by such board of education for school purposes, 
for real estate held by such municipal corporation for municipal pur- 
poses, will be mutually beneficial to such school district, and to such 
municipal corporation, such exchange may be made by convey- 
ances, to be executed by the mayor and clerk of the municipal 
corporation, and by the president and clerk of such board of 
education. [70 v. 195, § 37; 80 v. 36.] 

Sec. 3972. All property, real or personal, which has heretofore 
vested in and is now held by any board of education, or the 
council of any municipal corporation, for the use of public or 

{e). Tlie power to contnict implies the power to settle v/ith con- 
tractors, and to do this in the interest of the dislrict, so as to avoid 
the expense of litigation. Where a contracting party lias rights which 
he can enforce in equity, a board of education is, like other municipal 
corporations, authorized to recognize and provide for tliese as well as 
for strictly legal rights. See -Brewster v. Syracuse, 19 N. Y., 116; 
Frien<l v. Gilbert, 108 ISfass., 408. 

(/). As to what notices must contain, see notes to section 3991. 

For schools specially endowed, see "an act to provide for the govern- 
ment of schools and academies specially endowed," sections 8521- 
26, R. S. 

(g). See opinion of Attorney-General, under section 3977. 

Sec. 3972 {a). Umler theact of :\ray 1, 1873 (70 v. 195), the corporate 
boar-'s of education therein provided for succeed to all existing rights 
of action in relation to the common school property and funds which 
were theretofore vested, by previous legislation, in other agencies to 
whose control such property and funds had been confided. Crofton v. 
Board of Education, 26 0. S , 571. 

(6). Sec. 6877, R. S. Whoever maliciously injures or d-efaces any 
church edifice, school-house, dwelling-house, or other building, its 
fixtures, books, or appurtenances, or commits any nuisance therein, 
or purposely and maliciously commits any trespass upon the inclosed 
grounds attached thereto, or any fixtures placed thereon, or any in- 



SCHOOL OFl^TCEES GUIDE. 



61 



Provisions Applying to all Boards. 



Ch. 



commou schools in any district, is hereby vested in the board of 
education provided for in this title, having under this title juris- 



closure or sidewalk about llie s:une, shall be fined in any sum not 
more than one hundred dolhirs. [Gov. 175, §1, S. & S., 280,2 51; 70 
V. 216, § 73.] 

(c). Sec. 6831, E. S., provides that "Whoever maliciously burns, or 
attempts to burn any * * * school-house * * ■■• shall be im- 
prisoned in the penitentiary not more than twenty j^ears." 

[d). Sec. 6835, R. S., provides that "Whoever, in the night season, 
maliciously and forcibly breaks and enters any ® * * * school- 
house * * * * with intent to commit a felony, or with intent to 
steal property of any value, shall be imprisoned in the penitentiary 
not more than ten years nor less tlian one year." 

(e). A similar penalty is imposed by section 6836, R. S., for enter- 
*ing a school-house in the day-time or night season, and attempting to 
commit a felony. 

(/). Sec. 6837, R. S., provides that "Whoever maliciously, in the 
day-time, breaks and enters any ® ""■ school-house "■■■ '-■■ "•■■ 

with intent to steal, shall be fined not more than three hundred dol- 
lars, and imprisoned not more than sixty days." 

(g). Sec. 6896, R. S., provides that "Whoever Avillfully interrupts 
or disturbs any assembly of persons met for a lawful purpose, or any 
person while he is at or about the place Avhere such assembly is to be 
held, or is and has been held, shall be fined not more than fifty dol- 
lars, or imprisoned not more than ten days, or both. [73 v. 224, § 1 ; 
61 V. 98, § 1, S."and S., 288; 70 v. 216, ? 74.] " 

{h). A member of aboard of education is as liable to prosecution 
for violently disturbing a school in session as any other person. 
Such member is also equally liable with any other person for forcibly 
breaking into a school-house, for the purpose of admitting any meet- 
ing, or for promoting other use of tlie school-house not authorized by 
a majority of the board of education, or by law. In short an individual 
member of the board, as such, has no more authority concerning 
school property than any other individual has. If he is, by law or by 
the board, constituted a committee to look after the school-house, he 
may exercise such authority ; but even then, he has no power to open 
the house for purposes unauthorized by the board. Tlie limitation of 
course apphes, that for mere errors of judgment, with proper purpose 
and intent to act within the authority invested in him by the board, 
the law will exonerate him. 

{i). By "public schooh houses" are meant su(;h as belong to the pub- 
lic, and are designed for schools established and conducted under 
public authority. The fact that the use of the property is free is not a 



Penalty for 
burning 
school prop- 
erty. 

Penalty for 
felony and 
stealing. 



Penalty for 
breaking into 
school-house 
to steal. 



Penalty for 
disturbing a 
meeting 
(school). 



Members of 
board liable 
for disturbing 
school, or 
breaking into 
school-house, 
and the like. 



What are 
public school - 
houses. 



62 



OHIO SCHOOL LAWS. 



Ch. 7. 



rrovifeioub Appi_) iijg tu all iioardir 



School prop- 
erty exempt 
from taxa- 
tion. 



Conveyances 
and contracts 



diction and control of the schools in such district. [70 v. 195, 
§ 39.] 

8ec. 3973. All property, real or personal, vested in any board 
of education, shall be exempt from tax, and from sale on execu- 
tion, or other writ or order in the nature of an execution. [70 
y. 19-), § 72.] 

Sec. 3974. All conveyances made by a board of education 
shall be executed by the president and clerk thereof; no member 
of a board shall have any pecuniary interest, either direct or 
indirect, in any contract of the board, or be employpd in ariy 



Lease and sale 
of school 
lands. 



Injurj' to 
school timber 



Auditors' fees 



How to en- 
force claims 
against 
boards. 



Non-taxation 
of school 
property. 

Taxation of 
school lands. 



Members can- 
not draw pay 
except as 
clerk or treas- 
urer. 



necessary element in determining whether the use is public. Gerke v. 
Purcell, 25 0. S., 229. 

{j ). For leasing of school lands and void leases, see 5 0., 184, and 
8 0., 174. 

(k). For leasing and sale of school lands, see R. S., sees. 1404-1440. 

For penalty for injury to timber on school lands, see section 6880, 
R. S., and remark under section 3974. 

For county auditors' fees for transfer of sale of school land, for 
payments on the same, etc., see section 1073, R. S. 

Sec. 3973 (a). A mechanic's lien or a mortgage could not be enforced, 
since such enforcement would require an " order in the nature of an 
execution." 

(5). The proper mode of enforcing a pecuniary claim against a 
school district is by mandamus to compel the board of education to 
levy a tax therefor. 

(c). For additional provision relating to non-taxation of school 
property, see section 2732, R. S. 

(fZ), For provisions relating to taxation of school and ministerial 
lands held under a lease exceeding fourteen years, see section 2733, 
R. S. 

Sec. 3974 (a). The failure of an officer to attach his official title to 
his signature, will not affect the instrument so far as the district is 
concerned ; provided, the contract was authorized, and made for the 
district, and this fact can be shown. 

(b). A member of a board of education cannot draw wages or pay 
as superintendent of schools or of buildings, as teacher or janitor, 
as contractor for fuel, for drawing fuel, or for any other service to the 
district in which he is serving as such member, except for services as 
clerk or treasurer. Nor can a local director draw pay for any such 
service in his sub-district, if he is a member of the township board, 
or if the service is such as the board of education or the statute has 
authorized the local board to contract for. 



SCHOOL OFFICERS GUIDE. 



63 



Provisions Applying to all Boards. 



Ch. 7. 



Boards may 

!v c-cept be- 
quests. 



manner for compensation by the board of which he is a member, 
except as clerk or treasurer; and no contract shall be binding 
upon any board unless it be made or authorized to be made at a 
regular or special meeting of the board. [70 v. 195, §§ 31, 38.] 

Sec. 3975. All boards of education may, by the adoption of 
a resolution, accept any bequest made to them by will, upon the 
conditions and stipulations contained in the will, and for the pur- 
pose of enabling such boards to carry out the conditions and 
limitations upon which the bequest is made, they are authorized 
to make ail rules and regulations that may be required to fully 
carry into effect the provisions of the Avill in relation to the be- 
quest. [73 V. 205, § 2.] 

Sec. 3976. The process in all suits against a board of educa- Process 

^ ° against 

tion shall be by summons, and shall be served by leaving a copy hmvterved 



(c). There is, perhaps, no reason why a local director who is not a 
member of the township board of education may not teach, or furnish 
fuel, or the like, ia a sub-district in which he is not a local director. 
The principles of law without this statute would decide that a party- 
cannot be on both sides of a contract. 27 0. S., 159 and 195; Parsons 
on contracts, vol. 1, p. 86; Pollock's Principles of Contract, p. 253. 
For heavy penalties attaching to such receijit of moneys, see E. S., sec- 
tion 6969, in Appendix, and section 6975 below, (ej. 

(d). School property should be insured, but not in a company 
represented by a member of the board. See section 6969, K. S. The 
Attorney-General concurs in this opinion ; see opinions of Attorney- 
General, vol. F, 36. 

(ej. Sec. 6975, K. S. "A member of a board of education organized 
under any law of this state, who accepts or receives any compensation 
for his services as such member, except as clerk or treasurer of said 
board, shall be deemed guilty of embezzlement of the amount so 
received, and punished accordingly." 

Sec 3975. As to liability to pay voluntary subscriptions to help 
build a school-house, see note on section 3955. For decisions on this 
section, see 26 O. S., 210. 

Skc 3976 (a). [In all suits against members of boards of education 
or directors in their individual capacity, judgments and costs must be 
paid by the parties themselves, and not by the board of education out 
of the school funds. 

The appropriation of school money for such purposes would be a 
misappropriation of such funds, and should be punished as provided 
in section 6846, R. S.] For section 6846, see notes to section 4047. 



Local direc- 
tors may 
draw pay in 
other sub-dis- 
ricts. 



Insurance of 
school prop- 
erty. 



Accepting 
pay is em- 
bezzlement. 



Costs of suits. 



64 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions Applying to all Boards. 



Prosecuting 
attorney to 
act as counsel 
of school 
board. 



thereof with the clerk or president of the board. [70 v. 195, 
§ 68.] 

Sec, 3977. The prosecuting attorney of the proper county, or, 
iu case of a city district, the city solicitor, shall prosecute all 
actions which, by this title, may be brought against any member 
or officer of a school board in his individual capacity, and shall act 
in his official capacity as the Ifgal counsel of such boards or officers 
in all civil actions brought by or against them in their corporate 
or official capacity; but no prosecuting attorney or city solicitor 



Notice. 



"When and 
how title to 
office can be 
questioned. 



Employment 
of attorney, 
and how paid. 



Prosecuting 
attorney is 
attorney for 
boards of edu- 
cation. 



When 
another at- 
torney may 
be employed. 



Authority for 
paying attor- 
ney fees. 



(6). The want of notice is waived by the voluntary ap'pearance of 
the party for any purpose directly connected with the cause. 

(c). The legality of the election of members of the school board is 
not a subject of inquiry in a suit to enforce payment of money due. 45 
Mo., 294. 

(d). Title to office cannot be questioned collaterally, but must be 
done in a direct proceeding by quo warranto, in one of the tribunals 
provided by law for hearing and determining all questions pertaining 
to elections. 44 Mo., 154. 

. (e). In the absence of restriction, expressed or implied, the school 
board has authority to employ an attorney to conduct suits to which 
the district is a party, and it is bound to pay for his services. 30 Ver- 
mont, 285. See the next section. 

Sec. 3977. (a). The following opinion was rendered by Attorney 
General Nash, November 4, 1881 : 

"Section 3977 of the Eevised Statutes provides that the prosecuting 
attorney of a county shall be the attorney for the school boards within 
his county, except in city districts, and sets forth what duties he shall 
perform in this regard. This service is made one of the duties of the 
prosecuting attorney which he is bound to render under his salary, as 
no express provision is made for the payment of such services. 

"It frequently happens that the prosecuting attorney, on account of 
his numerous other duties, is wholly unable to perform the service 
required by this section, and it sometimes happens that cases arise 
which require that the prosecuting attorney should have assistance in 
them. In such cases as these, the question — 'Have boards of educa- 
tion the right to employ and pay counsel, or, in short, have such boards 
the right and authority to pay attorney fees in defending or prosecuting 
cases in which they are parties?' — becomes important. 

"Under such circumstances as I have indicated above, I answer 
the question in the affirmative, and for this answer I rely on section 
3971 of the Revised Statutes. This section makes boards of education 
bodies politic and corporate, and vests them with the power of suing 



SCHOOL officers' GUIDE. 



65 



Provisions Applying to all Boards. 



Ch. 7. 



shall be a member of the board of education ; provided, that in 
counties having a county solicitor such officer shall prosecute all 
actions which may be brought against any member or officer of a 
school board in his individual capacity, and shall do and perform 
all the duties herein required of the prosecuting attorney as to 
schools, school boards, and officers of schools of the county, out- 
side of said city ; but for such services he shall receive no addi- 
tional compensation. [70 v. 195, § 69 ; 79 v. 26.] 

Sec. 3978. In all cases of tie votes, at any election for mem- 
bers of a board of education, or of directors of a sub-district, the 



Tie votes to 
be decided by 
lot. 



and being sued. I think that the law which authorizes these boards 
to sue and be sued, by implication confers upon them authority to do 
all things that are necessary to prosecute successfully or defend a suit." 
Opinions Att'y Gen'l, vol. F, 145. 

(6). See remark (e) under section 3976. 

(c). Public officers, for whom pay is provided by statute, will not 
be allowed compensation for extra work, unless this is specially author- 
ized by statute. 9 Neb., 85 ; X Central L. J., 299. 

(d). The prosecuting attorney is required to prosecute for injuries 
^o timber on school lands. Section 1279, R. S. 

See also section 1274, R. S. 

Sec. 3978. ,(a). In case the judges fail so to decide, the board must 
appoint, or in case of a local director, a new election inust be had. 
This "lot," like all other matters required of the judges of elections, 
piust be perfected, their decision made, and the certificate of such 
,action signed, before the judges separate. "When such board has once 
dissolved, its officers are functi officio, and can no longer jDerform official 
Acts relating to the election, not even to the signing of returns." 21 
0. S., 216. 

But in case such judges fail to, sign poll-books, tally-sheets [and 
certificates such as above referred to] to fill up blanks in a caption, or 
to carry out the aggregate of the votes, such omissions and mistakes 
may be corrected, on the trial of a contest, by parol evidence, and 
when so corrected, the documents sustained by parol proof, are com- 
petent evidence of the result of the election. 16 0. S., 184. 

(6). In case of trustees, collectors, and the like, general reputa- 
tion of their being such officers, and proof of their acting as such, is 
prima facie sufficient, without producing evidence of their election, 
especially where there is evidence of their acting under color of elec- 
tion. 7 Wendell's Rep., 341. 

(c). An individual coming into office by color of election or 
;P,pp6intment, is an officer de facto, and his acts in relation to the public, 
5 



Additional 
compensa- 
tioii. 



Additional 
duties. 



Eflfect of fail- 
ure to cast 
lots. 



Of failure to 
sign poll- 
books before 
separating. 



Oicaissions 
and mistakes 
may be cor- 
rected. 



What evi- 
dence of offic- 
ial character 
is required in 
certain cases. 



Of officers de 

facto. 



66 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions Applying to all Boards. 



Oath of mem- 
bers and 
other officers. 



May be taken 
before any 
officer 

authorized to 
administer 
oaths. 



Mandamus to 
compel 
officers to 
act. ' 



Injunction to 
restrain thera 
from acting. 



Not liable for 
honest mis- 
takes. 



Liable for 
willful neg 
lect. 



judges of election shall decide the election by lot; and in othet 
cases of failure to elect members of the board, or in case of a. 
refusal to serve, the board shall appoint. [70 v. 195, § 43.] 

Sec. 3979. Each person elected or appointed a member of d. 
board of education, or elected or appointed to any other office 
under this title, shall, before entering upon the duties of his office, 

or to third persons, are valid until he is removed, although it be, [iA 
the enil], conceded that his election or appointment was illegal. 5 
Wendell's Rep., 170. 

Sec. 3979, (a). But a person so elected may appear before any 
person authorized by law to administer an oath, and may take his oath 
of office. This should be done in case the menibtr elect is, for any 
reason, unable to attend the meeting for organization. The certificate 
of the officer administering the oath should be sent to the board and 
copied in the records, to obviate all questions. Fot' the same reason^ 
a record should be made of the oath administered to each member. 

(b). Officers who have sworn to perform official duties may be com- 
pelled to perform them by writ of mandamus. This writ issues from 
the supreme, district, or common pleas court. R. S., section 6742, as 
amended 1880. 

Tli<-y may also be restrained from doing illegal acts under color of 
authority as officers, by writ of injunction. This writ issues from the 
supreme or common pleas court, or a judge of either; Or from the 
probate court, in case none of the above named judges are in the 
county. R. S., section 5573. 

{C). Butio boards of education is left large discretion as to the man- 
ner of pei'forming their official duties, and courts will not interfere 
with this discretion. 23 O. S., 211. 

[d). Officers required by law to exercise their judgments, are not 
answerable for mistakes of law or mere errors of judgment, where 
there is neither fraud nor malice.^ Jenkins v. Waldron, 1 1 Johnson's 
Reports, 114. 

(e). A public officer who is required by law to act in certain cases,- 
according to his judgment or ojanion, and subject to penalties for his. 
neglect, is not liable to a party for an omission arising from a mistake 
or want of skill, if acting in goodfaith. Seamen v. Patten, 2d. Caine's 
Reports, 312. 

(f). But an officer entrusted by the common law or by statute is 
liable to an action for negligence in the performance of his trust, or for 
fraud or neglect in the execution of his office. Jenner v. Joliffe, 9 
John. Rep., 381. 

ig). The performance of any act prohibited by statute, or any will- 
ful neglect of duty, and for which no penalty is provided by enact- 
ment, is a misdemeanor. 



SCHOOL officers' GUIDE. 



67 



Provisions Applying to all Boards. 



Ch. 7. 



take an oath or affirmation to support the constitution of the 
United States and the constitution of the state of Ohio, and that 
he Avill perform faithfully the duties of his office ; which oath or 
affirmation may be administered by the clerk or any member of 
the board. [71 v. 15, § 42.] 

Sec. 3980. Each board of education shall organize by choos- 

Organization 

ing one of its members president, and, except township boards, by of board, 
choosing also a clerk, who may or may not be a member of the 
board ; if, at the organization of a township board, the township 
clerk is absent, the board shall appoint one of its members clerk 
pro tempore ; and such organization shall be effected on the third 
Monday of April each year, except as otherwise provided in sec- 
tion thirty-nine hundred and fourteen. [70 v. 195, § 29; 70 v. 241, 
§ 44.] 

Sec. 3981, Vacancies in any board of education, except of a Vacancies in 

•' ' ^ board, and 

township district, arising from death, ilon-residence, resignation, howflUed. 
expulsion for gross neglect of duty, failure of a person elected or 



Sec. 3980. '{a) For the number of votes necessary in the election of 
officers of the board, see section 3982. 

(&) If the board of education, for any reason, fails to organize on 
the day named in the law, they may organize on a subsequent day. 
For want of a quorum a minority may adjourn from day to day. See 
note to section 3958. 

(c) The president has the right to vote on all questions coming be- 
fore the board. If by such vote a tie is produced, the motion is lost. 

Sec 3981. (a). The occurrence of any of the following events will 
create a vacancy in a school district office : 

The death of the incumbent ; 

His resignation ; 

His expulsion from office for gross neglect of duty, or on impeach- 
ment, by a proper tribunal ; 

His removal from the district ; 

His election or appointment being declared void by a competent 
tribunal ; 

His neglect to take the oath of office, or to give or renew any official 
bond, according to law. 

Temporary absence from home will not vacate an office ; but if such 
absence creates embarrassment the holder ought to resign. 

{b). Conviction of an infamous crime should be a ground of im- 
peachment, if incarceration for such crime does not of itself work a 
forfeiture of the office. 



When board 
may organize 



President en- 
titled to vote. 



Vacancy, how 
caused. 



68 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions Applying to all Boards. 



Resignation, 
to wliom 
made. 



Board cannot 
declare a seat 
forfeited. 



Filling va- 
cancy first 
business. 



Number of 
votes re- 
quired to ap- 
point a mem- 
ber. 



How long 
members 
elected serve. 



Officer re- 
sponsible till 
resignation 
accepted. 



And until his 
successor is 
■qualified. 



appointed to qualify within ten days after the annual organization 
or after his appointment, or from other cause, which occur more 
than fifteen days before the next annual election, the board shall 

(c). The resignation of a district or sub-district officer must be made 
to the other memhers of the district or sub-district board, or to one of 
them, and should be in writing. 

Any resolution of a board declaring what shall constitute a forfei- 
ture of membership has no validity. 

A person claiming to be a legal officer, and in possession, cannot be 
voted out by the board, but should be proceeded against by a writ of 
quo warranto. [Section 6760, E. S., also notes under section 3900.] 

{d). The section provides that the vacancy shall be filled tvithout delay. 
Hence, if any other business is attempted to be performed before the 
filling of such vacancy, a point of order should be raised under this 
clause of the section. The law here provides that no vacancy need 
exist when a vote is to be taken, hence no item of business enumer- 
ated in section 3982 can b'fe transacted which does not receive a ma- 
jority of all the members constituting a full board. 

To elect an officer of the board requires a majority of all the mem- 
bers composing the board of education, by law, in the given district. 
See section 3982. But though a member holding an office may die, 
the election of a meviber to fill the vacancy is not tlie election of an 
officer. The election of the member, not being in the li.st ut acts requir- 
ing such full majority vote, may be effected by a majority of a quorum. 

(e). An officer elected for three years continues for three years, and 
until his successor is elected and qualified. 23 Vermont, 416. 

(/,;. The officer, once qualified, continues in the responsibilities of 
his office until his successor is qualified. There can be no successor 
until after such qualification takes jilace. 22 Piclv-., 122; 4 Ky., 433. 

(g). An officer may resign, but he remains in his office subject to 
all its responsibilities, until his resignation is accepted. It is generally 
sujoposed that an oflice is held at the will of either partJ^ It is held 
at the will of both. Resignations are so generally accepted that, with 
respect to lucrative offices, it has grown into a common notion that to 
resign is a matter of right. But it is otherwise. Tlie public has a 
right to the services of all citizens, and may demand them in all civil 
departments as well as in the military. Hoke \r HeHderann, 4 Devereux, 
N. C, 1. 

(/?.). The following case goes still further, holding a resigning officer 
to his responsibilities and duties until his su -ctsior is elected or 
appointed and qualified : 

"Tennessee Constitution, Article 7, Section 5, provides that 'every 
officer shall hold his office until his successor is elected or appointed 
and qualified.' Held, that this applies to a resigning officer, who must 



SCHOOL OFFICERS C4UIDE. 



69 



Provisions Applying to all Boards. 



Ch. 7. 



fill without delay, until the next annual electjon, when a succes- 
sor shall be elected to fill the unexpired term ; any vacancy which 
occurs in a township board, from any of the causes aforesaid, shall 
be filled by the election of a clferk by the directors of the proper 
sub-district ; and a clerk of a sub-district who is guilty of gross 

continue in the discharge' of his duties until his successor is elected or 
appointed and qualified ; that the officer remains under an obligation 
to obey a writ of mandamus notwithstanding his resignation, and is 
guilty of contempt if he fails to comply with the writ, and the obliga- 
tion passes to his successor when qualified." Watts v. Lauderdale Co., 
14 Central Law Journal, 210, U. S. Circuit Court, Dist. West Tenn. 

[i. ) Acceptance by a corporation is, at common law, necessary to a 
consummation of the resignation, and, until acceptance by proper 
authority, the tender is revocable. The right to accept a resignation 
is a power incidental to every corporation, also to any power of ap- 
pointment. Dillon on Municipal Corporations, 283. 

(j). In case a board should really lose all of its members, the 
county Commissioners must keep up the school. As they may do all 
that a board could do, they may appoint a new board, or members 
enough to proceed with the appointments to the completion of a new 
board. 

The following opinion was given by Attorney General Nash, April 
15, 1882: ; 

"In the village district of , the board of education consists of 

three members. At the recent election, one member was to be elected 
for the full term of three years, and one for the short term of two 
years. The voting resulted as follows : A had 21 votes for the full 
term; B, 16; C, 2; D, 4; and E, 1. A had 20 votes for the short term; 
B, 4; C, 9; D, 11 ; E, 1; F, 1. For each office A received the highest 
number of votes. 

'"I do not see how the election officers can avoid giving to A the 
certificate of election to each office. But A cannot fill both offices. 
He must qualify for one of the places. As soon as he has qualified 
for that place, the other is vacant, and must remain vacant. In other 
words, A may qualify for the long term, and the other place is vacant 
on account of the failure of the person thereto elected to qualify 
within ten days after the annual organization. This vacancy A and 
the other members of the body may fill in accordance with section 
3981 of the Revised Statutes. 

"This opinion, I think, carries out the opinion of the Court, to be 
found in the 20 0. S., 336. I know that this case does not seem to be 
exactly applicable, yet I think it is the only way in which a disregard 
of the designation on the ballots can be avoided." Opinions Attor- 
ney General, Vol. F, 209.. 



If aU the 
members are 
disqualified,, 
what? 



Vacancy 
caused by 
failure to 
qualify. 



70 



OHIO SCHOOL LAWS. 



Ch. 



Provisions Applying to all Boards. 



Quorum; yeas 
and naj's to 
be taken in 
certain cases. 



Township 
clerk's name 
not called. 



A majority of 
a quorum, 
when suffici- 
ent. 



Power cannot 
be delegated. 



Manner of 
contractins 



This section 
mandatory. 



Buying maps, 
etc., outside 
of board 
meetings. 



neglect of duty shall cease to hold his office, and a new election 
shall be held by the directors to fill such office. [70 v. 195, § 43.] 
Sec. 3982. A majority of the boai'd of education shall con- 
stitute a quorum for the transaction of business ; upon a motion 
to adopt a resolution authorizing the purchase or sale of property, 
either real or personal, or to employ a superintendent, teacher, 

Sec. 3981. (a). It is presumed that the name of the township clerk need 
not be called, as he does not vote. It is evident that a majority of all the 
voting members of the township board will carry a measure. See Sec- 
tion 3915. In all cases except those which are declared to require a 
majority of all the members composing the board, a majority of a 
quorum is sufficient to pass a measure, and the roll need not be called 
unless demanded by a member of the board. In case a vacancy occurs 
in the board, see note on section 3981. 

(6). No member of a board can delegate his power to act to another 
person, either a member of the board or otherwise. It is said that 
this is sometimes done. But acts depending on such delegated votes 
are void. For heavy penalty attached to such assumption of official 
duty, see R. S., section 6913. 

(c). Respecting the mode in which contracts by corporations shall 
be made, it is important to observe that when the mode of contracting- is 
speciaUy and j'^lainly prescribed and limited, that mode is exclusive, and 
must be pursued, or the contract will not bind the corporation ; but 
the courts have sometimes regarded provisions on this subject as direc- 
tory. Dillon on Municipal Corporations, 465. 

There is no room to doubt that the requirements of this section are 
mandatory, and that they absolutely forbid the transaction of these 
enumerated items of business in any other way than that prescribed 
in this section. As to how far outside contracting parties are to inform 
themselves regarding the legality of the acts of public officers with 
whom they are contracting, see notes under section 3987. 

To make any one of these contracts in any other mode than that 
prescribed, is to act idtra vires. As to the question of personal liability 
resulting in such case, see notes under section 3987. 

(f?). An agreement by members of a township board of education, 
acting in their individual capacity, to purchase from another person 
apparatus for the schools of the township, and to ratify such contract 
of purchase at the next meeting of the board, is contrary to public 
policy, and is, therefore, illegal and void, and not enforceable, either 
against the board or members thereof as individuals. McCortle v. 
Bates, 29 O. S., 419. 

Boynton, J., also said : " Such defenses as would have been allowed, 
had the map vendor retained the claim aiid brought suit upon it him- 
self, are now admissible against the plaintiff. Assuming, without 



SCHOOL OFFICERS GUIDE. 



71 



Provisions Applying to all Boards. 



Ch. 7. 



janitor, or other eniploje, or to elect or appoint an officer, or to 
pay any c|ebt or claim, or to adopt any text-book, the cleric of the 
board shall call, publicly, the roll of all the members composing 
the board, and enter on the record required to be kept the names 
of those voting "aye," and the names of those voting "no"; if 



deciding, that, by the understanding of the parties to the agreement, 
the defendants incurred personal liability, it is quite clear that there 
was no error in the action of the Common Pleas in sustaining the 
demurrer and dismissing the petition. * * "•■■ The State requires 
the clerk to record, in a book to be provided for that purpose, all the 
official proceedings. '•■■ ■•' "'■' Clothed with such powers and charged 
with such duties and responsibilities, it will not be permitted to such 
boards of education to make any agreement among themselves, or 
with others, by which their public action is to be, or may be restrained 
or embarrassed, or its freedom in any wise affected or impaired. The 
public, for whom they act, have the right to their best judgment after 
free and full discussioia and consultation among themselves of and 
upon the public matters entrusted to them, in the session provided for 
by statute. * * * The court will not enter on the inquiry whether 
puch contract would, or would not, in a given case, be injurious in its 
consquences, if enforced. It being against the public interest to 
enforce it, the law refuses to recognize its claim tu validity. " 

{e). A board of education is a body corporate, and the contracting 
of a debt by the board, and the directing the issuance of an order- to 
pay it, are corporate acts which can not be performed by the individ- 
ual members of the board separately ; and, therefore, a contract 
which was signed by the members of the board separately, and deliv- 
ered to the clerks, and which was afterward, at a subsequent meeting, 
repudiated by the board, was held not to be binding upon either party, 
gtate V. Liberty Tp., 22 0. S., 144 

(/). The 'order of the clerk on the treasurer is not negotiable, and 
the written acceptance of an order by a treasurer who has gone out of 
office imposes no greater obligation on the treasurer to pay than if it 
had been presented without such indorsement. lb. 

[g). To rescind action requiring such full majority of the board as 
this section calls for, or requiring a two-thirds vote, of course requires 
a line vote. 

(/(-). The laws of some of the states require all contracts made by 
and with boards of education, to be in writing. In Ohio a resolution 
passed as required bj' this section, based on the application of the 
teacher, recorded hy the clerk, and followed by notice from the clerk, 
would probably be held as a sufficient contract, though by far the 
pafest way is to put sijch agreement in writing. 



Contract sign- 
ed by mem- 
bers separate- 
ly not bind- 
ing. 



Order on 
treasnrer not 
negotiable. 



Vote required 
to rescind. 



Contracts 
should be in 
writing. 

How, if not. 



72 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions Applying to all Boards. 



Absence of 
president or 
clei'k. 



Record of pro- 
ceedings and 
attestation 
thereof. 



a majority o± all the members of the board vote "aye," the presi* 
dent shall declare the motion carried ; and upon any motion or 
resolution any member of the board may demand the yeas and 
nays, and thereupon the clerk shall call the rO'll, and record the 
names of those voting "aye" and those voting "no." [71 v. ]'5, 
§ 4-2.] 

Sec. 3983. If at any meeting of the board either the prea- 
dent or clerk is absent, the members present shall choose one of 
their number to serve in his place pro tempore ; and if both are 
absent, both places shall be so filled ; but on the appearance of 
either at the meeting, after his place has been so filled, he shall 
immediately assume the duties of his office. [70 v. 195, § 31.] 

Sec. 3984. The clerk of the board shall record the proceed- 
ings of each meeting, in a book to be provided by the board for 
that purpose, which shall be a public record ; the record of pro- 
ceedings at each meeting of the board shall be read at its next 
meeting, corrected if necessary, and approved, and the approval 



Duties ot 
clerks im- 
portant. 



What to re- 
cord. 



Board speaks 
only through 
its records. 



Records of 
special meet- 
ings. 



Sec. 3984. (a). The duties of the clerks of boards of education are 
of the most grave and serious nature. It is very essential that they 
make a thorough study of all the requirements 0|f the law. This office 
has had occasion to refer to their records for the settlement of ques-' 
tious that have arisen several years after these records were made. 
Such entries as "A motion was passed to hire J. S.," "to build a school- 
house," "to pay said bill," and the like, give no adequate information 
regarding the legal status of the vote, as required by section 3982i 
The same is true of such an entry as this: "The report of the com- 
mittee was adopted and the committee discharged." If the commit- 
tee was appointed to audit a claim, or debt, the final disposition of the 
matter required the vote provided for in section 3982, and the entry 
shows no such action. The clerk is to remember that a board of edu-' 
cation^can speak only through its records, and that these must accord- 
ingly be complete, showing just what the board did, and no more. A 
motion made by a member, seconded by another member, stated by 
the president, and voted on by the board, is business, and is to be 
recorded, though not a single member voted for it. Any vote upon it, 
as to refer, to postpone, or to lay upon the table, is action and should 
be recorded. If the board adjourn pending the consideration of the 
motion, the motion should be recorded. If the mover withdraws the 
motion, by consent of the board, by general consent it may also be 
omitted from the records. 

(6). The records of a special meeting should state by whom the 
meeting was called, and the objects mentioned in the notice, as the 



SCHOOL OFFICERS GUIDE. 



73 



Provisions Applying to all Boards. 



Ch. 7. 



shall be noted in the proceedings ; and after such approval the 
president shall sign the record, and the clerk shall attest the same. 
[70 V. 195, §29; 71 v. 15, §42.] 

Sec. 3985. The board of each district shall make such rules 
and regulations as it may deem expedient and necessary for its 
government, and the government of its appointees and the pupils; 
and no meeting of a board of education not provided for by its 
rules, or by law, shall be legal unless all the members thereof 
have been notified as provided in section thirty-nine hvndncl and 
twenty. [70 v. 195, § 54.] 

Sec. 3986. The board of each district may make and enforce 
such rules and regulations to secure the vaccination of, and to 

legality of the proceedings depends on the legality of the call and the 
conformity of the proceedings with the objects stated in the notice. 

As to his duty in recording bonds filed with him, see sec. 5, R. S. 
under sec. 4043. 

{d.) If a record is inadequately entered, parol evidence may, it 
seems, be admitted to show that action was taken which is not found 
on the records at all. The Commissioner of Schools of Rhode Island, 
decided under instruction of Judge Brayton, of the Supreme Court, 
that, " imperfection in a clerk's record of a resolution does not render 
invalid a tax properly voted." Yet all these imperfections in the 
record lead to troublesome litigation, often to questions which only 
courts of law can decide, and in which their decision must be such as 
to defeat what was attempted tg be done in the case. 

{e.) School districts are required by law to keep an account of their 
proceedings by a sworn clerk, and such proceedings can be proved only 
by the record, or a copy thereof duly authenticated. 38 Maine, 164. 

(/.) The power to amend the records exists with the clerk while he 
is in office, but not after his term expires, nor for any purpose other 
than to make them truthful and complete as to fact. 11 Mass., 477 ; 17 
Maine, 444. 

(g.) Records of quasi corporations are not considered of that abso- 
lute verity that parol testimonj^ is inadmissible to show facts upon 
which the record is silent. 5 Ohio, 136. 

Secs. 3985-3986 (a.) "Theboafdof each district shall make rules 
and regulations. " This is a very important duty. This office has compiled 
from various sources a set of rules that may, at least, serve as sugges- 
tions of what is needed by average boards of education in township, as 
well as in other districts. These may be found in another page of this 
volume. If these are used by the board they should be formally 
adopted and the vote recorded. 

(6.) .The court may review the action of a boaixl and pass upon the 



Boards to 
make rules 
and regula- 
tion for 
pupils, etc. 

Illegal meet- 
ings. 



Boa I'd of edu- 
cation to 
make and en- 
force rules 
for vaccina- 
tion. 



Must record 
bonds. 



Parol evi- 
dence as to 
i-ecords, etc. 



Power to 
amend rec-- 
ords. 



74 OHIO SCHOOL LAWS. 



Ch. 7. Provisions Applying to all Boards. 

prevent the spread of small-pox among the pupils attending or 

reasonableness of any of its rules, but if they have erred, while dis- 
charging their duty in good faith, they are not liable to action there- 
for. 32 Vermont, 224. 

(c.) For remarks concerning provisions for health in and about 
school-houses, see Report issued from this office for the year 1880-81. 

See also section 1463, for power of trustees to make provisions for 
the health of the people. 

(d). The act of the board of education and the teachers, in matters 
of organizing, grading and governing the school, will be conclusive, 
unless the power is abused or perverted under some apparently reason- 
able pretense. 23 Pick., 224 ; 2 Gushing, 198. 

„, . X v * (<^)- Hathaway \, Rice, 19, Vt. 108. "The right of a school-master 

The right to ^ ' ^ > j a 

Inflict cor- to correct his scholars has always been practically and iudicially sanc- 

poral punish- . j f j j j 

anent. tioned, but the chastisement must not exceed the limits of moderate 

correction ; and though courts are bound, with a view to the mainten- 
ance of necessary order and decorum in schools, to look with all rea- 
sonable indulgence uidou the exercise of this right, yet, whenever the 
correction shall appear to have been clearly excessive and cruel, it 
must be adjudged illegal." 

Cooper Y. McJunkin, 4 Ind. 290. " A teacher, in the exercise of the 
power of corporal punishment, must not make such power a pretext 
for cruelty and oppression ; but the cause must be sufficient^ the in- 
strument suitable, and the manner and extent of the correction, the 
part of the person to which it is applied, and the teaiper in which it 
is inflicted, should be distinguished with the kindness, prudence, and 
pl-opriety which become the station." 

'^Reeves' Domeslic Relations," page 534. "The school-master has a 
right to give moderate corporal correction to his pupils for disobedi- 
ence to his lawful commands, negligence, or for insolent conduct. A 
school- master, in his own riglU, and not by delegation, possesses this 
power." 

State y. Pendergrass, 2 Devereaux & Battles, 365. "The law confides 
to school-masters and teachers a discretionary power in the infliction 
of corporal punishment upon their pupils, and will not hold them re- 
sponsible criminally, unless the punishment be such as to occasion 
permanent injury to the child, or be inflicted merely to gratify their 
own evil passions." In passing this topic, the language of Judge Gas- 
ton seems peculiarly appropriate : " It is not easy to state with pre- 
cision the power which the law grants to school-masters and teachers, 
with respect to the correction of their pupils. It is analogous to that 
which belongs to parents, and the authority of the teacher is regarded 
as a delegation of parental authority. One of the most sacred duties 
of parents is to raise up and qualify their children for becoming use- 



SCHOOL OFFICERS GUIDE. 



75 



Provisions Applying to all Boards. 



Ch. 7. 



■eligible to attend the schools of the district, as in its opinion the 



iful and virtuous members of society ; this duty cannot be eifectually 
performed without the ability to command obedience, to control stub- 
bornness, to quicken diligence, and to reform Dad habits ; and to ena- 
ble him to exercise their salutary sway, he is armed with the power to 
Administer moderate correction, when he shall believe it to be just 
and necessary." 

A school-master is not relieved from liability in damages for the 
punishment of a scholar which is dearly excessive and unnecessary, 
by the fact that he acted in good faith and without malice, honestly 
thinking that the punishment was necessary, both for the discipline of 
the school and the welfare of the scholar. 

If there is any reasonable doubt whether the punishment was exces- 
sive, the teacher should have the benefit of the doubt. Lander v. 
Seaver, 32 Vt. R., 123; Wharton's American Grim. Laiu, 1259, and 1 Sanders 
on PI. and Ev., 144. 

Whether under the facts the punishment is excessive, must be left 
to the jury to decide. {Commonwealth of Massachusetts v. Randall, 4 
■Gray, 38.) ■ 

In the case of Martin Quinn v. Mary D. Nolan, a suit tried in the 
•Superior Court of Cincinnati, Judge Harmon, in charging the jury, 
used the following language : 

"If the jury should find the defendant did not, in view of all the 
circumstances, inflict a greater degree of punishment upon the plain- 
tiff's son than she was fairly entitled to do, and was proper, of course 
they must find for defendant. But, if they should find she did go 
beyond that, then it would be necessary to go further and inquire into 
the damages that should be allowed. The law holds a person respon- 
sible only for the natural and ordinary consequences of his acts, those 
■consequences which the law presumes he might or should have foreseen 
at the time he committed the act. Therefore, it might make a differ-^ 
ence in the amount of their finding if it should appear that the child 
was afflicted with or predisposed to certain diseases, and the defend- 
ant had no notice thereof from his parents, the boy himself, his ap- 
pearance, or otherwise. If the defendant, from the knowledge she 
had of the boy and from his appearance, would be justified in sup- 
posing him to be like other boys of his age, and inflicted only a proper 
punishment, then she would not be liable at all, even though unfoi'- 
tunately some hidden defect in the boy's constitution should cause 
injury to his health to follow. Or, if they should find for the plain- 
tiff, this fact of ignorance on her part would prevent her from being 
liable for any consequence arising from such weakness or predisposi- 
tion in the boy, of which she was ignorant in fact, and of which his 
appearance furnished no warning. It is the duty of parents who send 



If excessive. 



Responsible 
only for na- 
tural and 
ordinary con- 
sequences. 



76 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions Applying to all Boards. 



safety and interest of the public require ; and the boards of health 



Must be ex- 
press malice 
to be criminal 



If pupil over 
twenty-one. 



Offenses com- 
mitted out of 
school. 



their children to school, whose health or disposition v^'ould render the 
punishment permitted by the rales of the school dangerous or im- 
proper, to see the teacher is informed of the fact." 

The parent may be said to exercise a judicial authority in determin- 
ing what puni&hment, by himself, is proper for his child, but is liable, 
criminally, in a char case of excess. Johnson v. State, 2 Humph., 283. 
The teacher also acts judicially in such a case, and is not to be made 
liable, civilly or criminally, unless he acted with express malice, or 
was guilty of such excess that malice must be implied. State y. Pen- 
dergrass, 2 Dev. and Bat. 365. Cooper v. McJunkin, 4 Ind. R. 290. 

After citing all of these cases, except the first. Judge Cooley appends 
this note : 

" It may be proper to observe, however, that public sentiment does 
not now tolerate such corporal punishment of pupils in schools as was 
formerly thought perijiissible and even necessary." 1 Cooley's Black- 
stone, 453. 

If one over twenty-one years of age is received as a pupil by a 
teacher, he has the same rights and duties, and is under the same 
restrictions and liabilities, as if within the age of twenty-one years. 
Stevens v. Fassett, 27 Maine, 266. But as to the admission of such pupils 
see section 4013 and note. 

Where a pupil places himself at the desk of the teacher, and 
refuses to leave it at the teacher's request, the teacher may immedi- 
ately remove the intruder by force, taking such assistance from other 
persons as may be necessary, and that, too, without the direction or 
knowledge of the Board, Committee, Superintendent or other superior. 
And the case is the same if the person removed is not a pupil, lb. 

Justice Tillinghast, of the Supreme Court of Rhode Island, in a 
case recently decided, speaks of the authority of a teacher to take notice 
of a pupil's conduct when out of school, or after school is dismissed, 
as follows : 

"Upon this point there is some difference of opinion in the com- 
munity, but the law seems to be well settled, and is this — that for such 
misbehavior out of school as has a direct and immediate tendency to 
injure the school, to subvert the master's authority, and to beget dis- 
order and insubordination, the teacher may inflict corporal punish- 
ment. ' It is not misbehavior generally,' says Aldis, J., ' or towards 
other persons, or even towards the master in matters in no ways con- 
nected with or affecting the school. For as to such matters, committed 
by the child after his return home from school, the parents and they 
alone, have the power of punishment.' But where the offense has a 
direct and immediate tendency to injure the school and bring the 



SCHOOL officers' GUIDE. 



77 



Provisions Applj'ing to all Boards. 



Ch. 7. 



and councils of municipal corporations, and the trustees of town- 



teachers' authority into contempt, as in this case, when done in the 
presence of other scholars and of the teacher, and with a design to 
insult her, she has the right to punish the scholar for such acts, if he 
comes again to school. 

" ' The misbehavior,' says the same Judge, ' must not have merely 
a remote and indirect tendency to injure the school. All improper 
conduct or language may, perhaps, have, by influence and example, a 
remote tendency of that kind. But the tendency of the acts so done 
out of the teacher's supervision, for which he may punish, must be 
direct and immediate in their bearing upon the welfare of the school, 
or the authority of the teacher and the respect due him.' 

" Cases may readily be supposed which lie A'ery near the line, and 
it will often be diificult to distin^'uish between the acts which have 
such immediate, and those which have such a remote, tendency. 
Hence, each case must be determined Ijy its peculiar circumstances. 

" Acts done to deface or injure the .'-chool-room, to destroy the 
books of scholars, or the books or apparatus for instruction, or the in- 
struments of punishment of the master ; language used to other schol- 
ars to stir up disorder and insubordination, or to heap odium and dis- 
grace upon the master j writings and }>ictures placed so as to suggest 
. evil and corrupt language, images and thoughts to the youth who must 
frequent the school ; all such or similar acts tend directly to impair the 
usefulness of the school, the welfare of the scholars, and the authority 
of the master. By common consent, and Ijy the universal custom in 
our New England schools, the master has always been deemed to have 
the right to punish such oflfenses. 

"Such power is essential to the preservation of order, decency, 
decorum, and good government in schools." 

If the effects of acts done out of school-houses reach within the 
school-room during school hours, and are detrimental to good order 
and the best interests of the pupils, it is evident that suoh acts may 
be forbidden. Burdick & Chandler \. Babcock et ah, 31 Iowa, 562. 

Though a school-master has, in general, no right to punish a pupil 
for misconduct committed after tlie dismissal of school for the day and 
the return of the pupil to his home, yet he may, on the pupil's return 
to school, punish him for any misbehavior, though committed out of 
school, which has a direct or immediate tendency to injure the school 
and to subvert the master's authority. 32 Vermont, 114. 

The Supreme Court of Tennessee holds thus : The teacher must nec- 
essarily have the power to enforce obedience to his rules, and even to 
use the rod when necessary, but not wantonly, and without cause. 
Nor must his chastisements be cruel or excessive, but reasonably pro- 
portioned to the ofiense, and within the bounds of moderation. It is 



Acts to injure 
or deface 
property. 



G-Mieral prin- 
ciples. 



78 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions Applying to all Boards. 



ships, shall, on application of the board of education of the dis- 
trict, provide at the public expenses, without delay, the means of 



Tendency to 
abuse. 



Leaning of 
courts to dis- 
countenance 
corporal pun- 
ishment. 



Right of pun- 
ishing con- 
fined to actual 
teachers of 
the child. 



of the first importance that the authority of the school-master should 
be firmly maintained, but the government of a school should be patri- 
archal rather thau despotic, o Head, 455. 

In one respt^ct, the tendency of the rod is so evidentljr evil that it 
might, perhaps, be arrested on the ground of public policy. The prac- 
tice has an inherent tendency to abuse. The very act of whipping engen- 
ders passion, and very generally leads to excess. Where only one or 
two stripes were at first intended, several usually follow, each increas- 
ing in vigor, as the act of striking influences the passions. 

Hence the spirit of the law is, and the leaning of the courts should 
be, to discountenance a practice which tends to excite human passions' 
to heated and excessive action, ending in abuse and breaches of the 
peace. Teachers should, therefore, understand that whenever correc- 
tion is administered in anger or insolence, or in any other manner than 
in moderation and kindness, accompanied with that affectionate moral 
suasion so eminently due from one placed by the law in loco parentis, 
the courts must consider them guilty of assault and battery, the more 
aggravated and wanton in proportion to the tender years and depend- 
ent position of the .pupil. 4 Ind., 290. 

The four following paragraphs are clipped from a pamphlet prepared- 
for the Toledo Board of Education, by Gen. C. M. Hill, for many years 
President of that body, a man well prepared to utter advice to boards 
of education in this regard. 

"The Statute Law of Ohio is everywhere silent on this subject of 
corporal punishment, and teachers, school officers and pupils are left 
to the principles of the common law, except so far as innovations 
may have come, or may come, of the by-laws of the board of educa- 
tion. 

" The rule as to what teachers must do is well expressed in this: 
^ They must maintain order and secure obedience to necessary rules.' 
But, in attaining these results, a careful and honest exercise of the 
teacher's best judgment must indicate the course and methods to be 
pursued. 

" It is clear that no appointee, or employe in the schools, can inflict 
corporal punishment on a pupil, who is not the teacher of such pupil, 
then and there, and so does not stand ' in loco parentis.' 

" Whatever doubts may arise whether the board can, legally, so far 
interfere with the discretion of the teacher as absolutely to prohibit 
corporal punishment, it seems clear enough that a by-law, regulating 
the exercise of that discretion, ought to exist and be enforced." 

This array of authorities from all sections of the Union has been 
presented to show the universal tendency of the popular and the judi- 



SCHOOL officers' GUIDE. 



79 



Provisions Applying to all Boards. 



vaccination to such pupils as are not provided therewith by their 
parents or guardians. [69 v. 22, § 1.] 



Ch. 7. 



cial mind on this subject. Caveat prseceptor. The gist of the whole 
matter, it seems to me, is contained in the italics above ; the inherent 
tendency of this practice is to abuse. Wisdom, as in ancient times, 
seems to be the principal desideratum now. If every teacher would 
put himself under bonds to try every expedient of redson and affec- 
tionate interest first, and then, in the last resort, never to inflict more 
than two strokes until he has stopped and passed some firm, but kind 
and reasonable words with his pupil, and then, if necessary, to repeat 
these strokes, and to repeat the lecture, there would be little danger of 
the excesses complained of. 

There is little doubt that the occasional infliction of corporal punish- 
ment, firmly, dispassionately, and effectively, is much less humiliating, 
less exasperating, and less conducive to discomfort and ill-health than 
some of the ingenious, and often cruel, substitutes therefor. Comptlling 
pupils to stand on the floor, to hold books or other weights on the out- 
stretched hand, to remain in doors at recess, or after school hours, these 
afford an abundant opportunity for the exhibition of those passionate 
and revengeful feelings, on the part of the teacher, which arouse the 
coarse and dogged natures of pupils. 

The real secret of success in controlling a school lies in the art of 
creating an interest in the school exercises and their results. This art 
can be cultivated more largely than many teacliers think. A direct and 
persistent purpose to do this, founded on a thorough conviction of its 
essential importance, is the first n quisite of success in this matter. 

Some boards of education have thought it conducive to careful and 
dispassionate practices in the matter of punishments to require a writ- 
ten statement of the. facts and results of each case to be sent to them> 
as often as once a month. These reports can be treated by the board 
in a spirit so kindly and helpful as rather to re-enforce the authority 
of the teacher than to weaken it. The practice of reporting cases of 
corpor.d punishment to the boards may so enlarge and dignify the sphere 
of governmental authority, and make the occasion of punishment more 
serious to the pupil and parent, as to aid the teaclier's effort to reduce 
the number of these occasions. 

The modes of government incident to an age of brute force and 
chivalry can be safely displaced by milder methods, only in propor- 
tion as intellectual forces and the calmer exercise of reason come into 
the fullest control. 



Cruel divices 
for punishing 
pupils, in 
avoidance of 
whipping. 



Secret of suc- 
cess in con- 
trolling a 
school. 



80 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



CHAPTER 



SCHOOL-HQUSES AND LIBKAEIES. 



Section 

3987. Boards to provide school- 
houses. 

. 3988. Directions for hidding and for 
letting contracts. 

3989. Erection of school-houses in 

joint sub-districts. 

3990. When board may appropriate 

property. 

3991. Wh. n and how question of tax 

levy submitted to voters. 

3992. If levy approved, board to cer- 

tify it to auditor. 

3993. How the levy may be antici- 

pated. 

3994. Issue of bonds by boards of city 

districts of flrst-class. 

3995. Certain boards may appropriate 

money for library, etc. 

3996. Levy for library in cities. 



Section 

3997. How library tax to be expend- 

ed. 

3998. Board maj' appoint librarian, 

etc. 

3999. In certain cities may appoint 

managers of library. 

4000. Board of Cleveland to appoint 

library committee. 

4001. Powers and duties of such com- 

mittee. 

4002. How library tax to be expended. 

4003. Consolidation of libraries in 

Portsmouth authorized. 

4004. Bnurd of Portsmouth to appoint 

libi'ary committee. 

4005. Powers and duties of such com- 

mittee. 
4000. How such library maintained 
and managed. 



SCHOfOL-HOUSES. 

Section 3987. The board of education of any district is 

Boards to pro- empowered to build, enlarge, repair, and furnish the necessary 
vide school- i , n ^ , . , ^ • i i 

houses. schooi-liouses, purchase, or lease sites thereior, or rent suitable 

school rooms, and make all other necessary provisions for the 

schools under its control ; directors of sub-districts shall, undei' 



Safety of 
buildings- 
egress. 



•of 



Statutes re- 
ferring to care 
of buildings. 



Section ,3987. (a). The law requires, under .severe penalties to be 
visited on those who have control thereof, that "all school-houses are 
to have ample means of convenient egress, and doors opening out- 
ward." For requirements as to certificates regarding the safety of 
such buildings, and the penalties relating to neglect, see revised stat- 
utes, sections 25(38, 2572, and 7010 (amended 1883). 

(h\ As to any building otherwise "in a condition dangerous to life 
or health," see revised statutes, sections 2128 and 2466. 

(c . Concerning the full power of boards of education, teachers, or 
other citizens, to secure protection against the injury or defacement of 
"school-houses, school-yards, trees, fences, gates, and bars," see 
revised statutes, section 6863, also sections 6877 and 6896, as quoted 
under section .3972. Any citizen maj^ prosecute the transgressor in 
these case-. School-houses, school furniture, and other school prop- 
erty belong to the township, and not to the sub-district, and are 
entirely under the legal control of the township board. 

(d). [Directors have also a supervisory care of the school-house and 
other school properly in their sub-district, but their authority is subor- 



SCHOOL officers' GUIDE. 



81 



School-houses and Libraries. 



Ch. 8. 



such rules and regulations as the township board of education may 
prescribe, provide fuel for schools, build, enlarge, repair, and fur- 
nish school-houses, purchase or lease sites therefor, rent school- 
houses, and make all other provisions necessary for the conveni- 
ence and prosperity of the schools within their sub-districts ; and 



clinate to that of the township board, and must ahvays be exercised in 
obedience to their directions. 

(e). It is the duty of the township board of education to exercise 
such supervision over the school-houses in the several sub-districts, as 
may be necessary to prevent their being used in such a manner and 
for such purposes as may interfere with their use for the legitimate 
and special purposes for which thiry were erected.] 

(/). 1. Under the act of May 1, 1873, entitled "an act for the reor- 
ganization and maintenance of common schools," (70 Ohio Laws, 195), 
boards of education are invested with the title to the property of their 
respective districts in trust for the use of public schools, and the appro- 
priation of such property to any other use is unauthorized. 2. A 
lease of a public school-house for the purpose of having a private or 
select school taught therein for a term of weeks is in violation of the 
trust ; and such use of the school-house may be restrained at the suit 
of a resident tax-payer of the district. 35 O. S., 143. 

ig). Inhabitants of a school district have no right to use the school- 
house for religious meetings and Sunday-schools against the objection 
of any tax-payer of the district, even though the district may have 
voted to allow such use, and an injunction will be granted against such 
use, on the application of such tax-payer. 27 Conn., 499. 

(/i). The Supreme Court of Massachusetts held, in case of George 
V. School District Mendon (6 Metcalf, 510), as follows: "If, under 
color of this corporate power of a school district, the inhabitants should 
vote to erect an expensive and ornamental building, Avith a view to 
improve the neighborhood, to enhance the value of real estate, to 
accomraodate societies, lecturers, dramatic exhibitions, or even to have 
a convenient place for religious meetings or public worship, or for any 
other use than that of a district town school, it would not be within 
the legitimate authority of a school district, and any vote to levy a 
tax on the inhabitants for such a purpose would be void. 

(i). Where a township board has resolved to sell the old site of a 
sub-district school-house, and has purchased a new site, and, notifying 
the local directors of the "sub-district of their action in the premises, 
instructBd them to sell the former, and to build a new school-house on 
the latter, and the local directors, disregarding such instructions, pro- 
ceed to build a new school-house on the old site, and keep up a school 
therein — Held : That the local directors are guilty of such insubordi- 

6 



Use of school- 
houses for 
other pur- 
poses. 



Local direc- 
tors are to f ol- 
lowdlrections 
of township 
board. 



82 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



Directions for 
bidding, and 
for letting 
contracts. 



the township board shall be held re'sponsible in its corporate capac- 
ity, for all contracts made by such directors, when they are made 
in accordance with the rules and regulations of the township 
board, or any resolution thereof. [70 v. 195, § 55.] 

Sec. 3988. When a board of education determines to build, 
enlarge, repair, or furnish a school-house or school-houses, or make 
any improvement or repair provided for in this chapter, the cost 
of which will exceed, in city districts of the first and second class, 
fifteen hundred dollars, and in other districts five hundred dollars, 
except in cases of urgent necessity, or for the security and pro- 
tection of school property, it shall proceed as follows: 

1. The board shall advertise for bids, for the period of four 



nation and neglect as to justify the township board in exercising the 
powers and duties which would otherwise devolve on the local direc- 
tors, and in building a school-house on the new site, and employing a 
teacher therein, and such teacher is entitled to be paid his wages out 
of the township treasury, on the order of the township board. State 
V. Lynch, 8 O. S., 348. 

( j). Under the act of March 14, 1853, (51 v. 429), a township board 
of education has the power to designate the particular place where 
school-houses in sub-districts shall be built ; and the powers which, in 
this respect, the statute confers on the local directors of a sub-district, 
are to be exercised in subordination to the paramount authority of the 
township board of education. Hughes v. Board of Education, 13 O. 
S., 336. 

{k). [If a board refuses to appropriate sufficient funds to build a 
good school-house, the directors may appeal to the county commission- 
ers.] 

(I). [Reporting of Contracts. — Directors can not receive any portion of 
the school funds for disbursement, but, on the contrary, they are 
required to report all contracts for fuel, etc., to the township board for 
payment; and unless the township clerk is authorized by a resolution 
of the board to draw the requisite orders for amounts certified by 
directors to be due, in any given case, on contracts legally made bj^ 
them, such contracts can only be paid after they have been duly 
reported to the board and approved. See section 4047.] 

(m). But as such resolution provides for the payment of money 
through the agency of such local directors, the records must show that 
it was passed by the required "majority of all the members legally 
comprising the board." Section 4018. 

(n). City and village councils may erect and maintain public school 
buildings. See section 1692, R. S. 



SCHOOL officers' GUIDE. 



83 



School-houses and Libraries. 



Ch. 8. 



weeks, in some newspaper of general circulation in the district, 
and two such newspapers, if there are so many ; and if no news- 
paper has a general circulation therein, then by posting such ad- 
vertisements in three public places therein, which advertisements 
shall be entered in full by the clerk, on the record of the proceed- 
ings of the board. 

2. The bids, duly sealed up, shall be filed with the clerk by 
twelve o'clock, noon, of the last day stated in the advertise- 
ment. 

3. The bids shall be opened at the next meeting of the board, 
be publicly read by the clerk, and entered in full on the records 
of the board. 

4. Each bid shall contain the name of every person interested 
in the same, and shall be accompanied by a sufficient guarantee of 
some disinterested person, that if the bid be accepted, a contract 
will be entered into, and the performance of it properly secured. 

5. When both labor and materials are embraced in the work 



Sec. 3988. (a.) When a person contracts to build a house on the 
land of another, and performance becomes impracticable either by 
reason of a latent defect in the soil, or, the contract being to finish the 
house by a day named, by reason of the accidental destruction of the 
building shortly before the day, he is net excused from performance, 
and performance not being excused, he cannot retain installments 
paid on account. Tompkins v. Dudley, 25 N. Y., 272, School Dist. No. 
1. v. Danchy 25 Conn., 530. 

(6.) Boards of education, and not local directors, are to receive bids. 
In a suit upon a contract under this statute, where the cost of the 
building exceeds $500, it must appear from the records of the board 
that the contract was let after and upon such bids, or that is was a 
case of urgent necessity for the security of school property. 

The record and proceedings of local directors, showing that ihey 
duly complied with the requirements of the law to advertise, are in- 
competent evidence, since local directors are not authorized to adver- 
tise, open bids, and award the contract. If such incompetent evidence 
in favor of the prevailing party is allowed to go to the jury against the 
objection of the other party, error to his prejudice will be presumed, 
without showing that the jury was influenced by it. Error from Dis- 
trict Court, Guernsey county, to Supreme Court, Oct., 26th, 1882. 

(c.) When the school-house is to cost $10,000 or over, see Sec. 749 
revised statutes. 

(d.) Individual members of a board [and local directors as mere 
agents of the board], must see that their acts bind the board ; for if 



Inability or 
failure to per- 
form con- 
tract. 



Conti'act to 
be let on bids. 



When othter- 
wise. 



Local boards 
not authoriz- 
ed to adver- 
tise and open 
bids. 



House to cost 

$10,000. 



84 



OHIO SCHOOL LAWS. 



Ch. S. 



School-houses and Libraries. 



bid for, each must be separately stated in the bid, with the price 
thereof. 

.6. None but the lowest responsible bid shall be accepted ; but 
the board may, in its discretion, reject all the bids, or accept any 
bid for both labor and material which is the lowest in the aggre- 
gate for such improvement or repair. 

7. Any part of a bid which is lower than the same part of any 
other bid, shall be accepted, whether the residue of the bid is 
higher or not ; and if it is higher, such residue shall be rejected. 

8. The contract shall be between the board of education and 
the bidders; and the board shall pay the contract price for the 
work, Avhen it is completed, in cash, and may pay monthly esti- 
mates as the work progresses. 

9. When two or more bids are equal, in the whole, or in any 
part thereof, and are lower than any others, either may be accept- 



When mem- 
bers of board 
individually 
liable. 



When con- 
tractors act at 
their own 
peril. 



When un- 
authorized 
expenditures 
may be rati- 
fied. 

When not. 



Exceeding 
authority as 
to cost of 
building. 



they do not secure their principal a right of action or defence, they 
will themselves be personally liable. Ives v. Hulet 12 Vt., 314; 58 
Mo., 245. This principle also applies to the acts of boards of education 
who, in their corporate capacity, seek to bind the district for which 
they act, as also their successors. 

(e.) But those who deal with officers of a corporation must ascer- 
tain, at their peril, what they will be conclusively presumed to know, 
that these public agents are strictly within the sphere limited and pre- 
scribed by law, and outside of which they are powerless to act. 60 
Mo., 53; Whiteside v. U. S., 93 U. S. Eep., 247; 9th Ed. Story on 
Agency, Sec. 307. Still it is well settled that where persons deal with 
an officer of a corporation, who assumes authority to act in the prem- 
ises, and no want of authority or irregularity is brought to the knowl- 
edge of the party so dealing with the corporation, and there is nothing 
to excite. suspicion of such defect, the corporation is bound, although 
the a^ent exceeded his powers. 57 Mo., 207 ; 93 U. S. Rep., 247. 

(/. ) Unauthorized expenditures,not ultra vires, deemed beneficial, may 
be ratified, and in such case this ratification is equivalent to previous 
authority. 8 Fost. N. H., 65; 32 N. H., 118. But the subsequent use, 
in the school, of materials unlawfully contracted for, does not amount 
to such a ratification as will bind the district. 67 Mo., 319. 

(g.) Eatification of the acts of a committee in building upon the 
land of a district a more expensive house than they were authorized to 
do by vote of the corporation, cannot be inferred from the mere fact 
that the school is kept in for a few weeks, there being no evidence that 
the corporation had knowledge of the over-expenditure, or had taken 
any action on the subject. Dillon on Municipal Corporations, 480. 



SCHOOL OFFICERS GUIDE. 



85 



School-houses and Libraries. 



Ch. 8. 



ed, but in no case shall the work be divided between the makers 
thereof. 

10. When there is reason to believe that there is any collusion 
or combination among the bidders, or any number of them, the 
bids of those concerned therein shall be rejected. [70 v. 195, § 
55.] 

Sec. 3989. When it becomes necessary to rebuild the school- 
houee of a joint sub-district, or, for the better accommodation of 
scholars, to change the school-house site and erect a new building 
thereon, the question of such rebuilding, or of such change of site 
and erection of a new building, shall be determined by a majority 
vote of the board of directors of such sub-district, and in such 
manner as to secure the better accommodation of a majority of 
scholars in the same ; any funds which may be or have been assessed 
and collected for the building of such school-house shall be trans- 
ferred to the custody of the board of education of the township in 
which the new building is to be erected, which board shall pro- 
ceed in all matters connected with the erection of the building in 
accordance with the provisions of this chapter ; and if the location 
be changed to another township, the personal property belonging 
to such sub-districts shall be transferred to the board of education 
of such township ; and any real property belonging thereto, and 
situated in the township from which the location is changed, shall 
be sold by the board of education of such township, and the pro- 
ceeds of the sale transferred to the board of education of the town- 
ship to which the location is changed. [72 v. 63, § 36.] 



Erection of 
school-houses 
in joint sub- 
districts. 



This will probably apply to the case of local directors acting as agents 
of the board of education in building a house. It is evident from the 
above that in order to bind their principals the agents must describe 
themselves as agents of such principals, and their business must be of 
the kind to which the duties and powers of the principal pertain, and 
must not be acts prohibited as either criminal or against public policy. 

(h.) All contracts made by the board or its agents should be in 
writing and in duplicate, and one copy should be filed with the clerk 
of the board. The laws of some states require this. This is not, 
however, necessary to make a contract binding. 

Sec. 6989. Under section 3928 the boards of education which eetablisli 
a jointsub- district are to fix upon the place for building the school-house. 
This section does not seem to interfere with that provision, but to 
enact the manner of fixing upon the site on any subsequent occasion. 



Contracts 
should be in 
writing. 



86 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



When boards 
may appro- 
priate prop- 
erty. 



When and 
how ques- 
tion of tax 
levy submit- 
ted to voters. 



Sec. 3990. When it is necessary to jDrocure or enlarge a 
school-house site, and the board of education and the owner of 
the proposed site or addition are unable, from any cause, to agree 
upon the sale and purchase thereof, the board shall make an accu- 
rate plat and description of the parcel of land which it desires for 
such purpose, and file the same with the probate judge of the 
proper county ; and thereupon the same proceedings of appropri- 
ation shall be had which are provided for the appropriation of 
private property by municipal corporations. [TO v. 195, § 65.] 

Sec. 3991. When the board of education of any district, ex- 
cept a city district of the first class, determines that it is necessary, 
for the proper accommodation of the schools of such district, to 
purchase a site or sites, and erect a school-house or school-houses 
thereon, or to do either, and ascertains that the purchase of such 



Proceedings 
to be com- 
pleted before 
erection of 
building. 



Power to con'- 
demn strictly 
construed. 



Owner, when 
entitled to 
damages. 

When prop- 
erty reverts. 



Dedication to 
special use. 



Record of 
proceedings 
to issue bonds 



Sec. 3990. (a). Section 2232 et seq. of the Eevised Statutes refer to 
this subject. 

(t). Before building on. such property, it is best to complete the 
proceedings before the court or courts, if an appeal is taken, and to 
wait until the time for appeal has elapsed, as such appeal may 'tee 
taken and may reverse the proceedings below. 

(e). I he power to condemn private property to public uses against 
the will of the owner is a stringent one, based on public necessity or 
urgent public policy, the rule requiring the power to be strietlj^ con- 
strued, and the j)rescribed mode for its exercise strictly followed, is a 
just one, and should, within all reasonable limits, be inflexibly adhered 
to. Dillon on Mun. Corp., 569. 

(d ). The owner is entitled to fall payment of the damages assessed, 
before his title is extinguished or bis control of the premises ceases. 
In any case of voluntary dedication or of involuntary surrender of 
property to a public use, the property reverts to the owner, when the 
use entirely ceases. 

(e). In case premises have been dedicated to a special use, there is no 
power to alienate such premises without the consent of the dedicator 
or his representatives, even though the lots, by reason of a railway or 
depot near by, have been rendered unsuitable for such use, or even 
dangerous. 18 Ohio, 221. 

Sec. 3991. (a). It cannot be too often repeated that a board of educa- 
tion speaks only through its records. Its acts, findings, and determina- 
tions are only known by its records. Hence, although the words of the 
statute may not clearly settle the question, yet it is safest to assume 
that this determination is to be an official determination. Purchasers 
of bonds are likely to scrutinise such matters closely, and they will 



SCHOOL OFFICERS GUIDE. 



87 



School-houses and Libraries. 



Ch. 8. 



site or sites, and the erection and furnishing of such school-house 
or school-houses, or either, will require a greater tax upon the 
property of such district than the board is authorized by this title 
to levy, and that to provide the means therefor it will be necessary 
to issue bonds, it shall make an estimate of the probable cost of 
such site or sites, and such school-house or school-houses, or of 
either, and at a general election, or a special election called for 
that purpose, shall submit to the electors of the district the ques- 
tion of levying taxes for such purposes, or either of them, and 
the further questions whether the levy shall be made from year to 
year thereafter, and what amount shall be levied each year until 
the actual cost of such site or sites, and the erection of such 
school-house or school-houses, or either is raised ; and ten day's 
notice of such submission shall be given by the board, by posters 
put up in five of the most public places in the district, which 
shall state the time, place, and object of the election. [70 v. 241, 
§ 61.] 

Sec. 3992. If a majority of the electors at such election vote 
in favor of levying taxes for such purposes, or either of them, of proved, board 

•' ° r 1 ' „ 1 tocert'fyitto 

continuing the levy from year to year thereafter, and for the auditor. 
amount to be levied each year, the board shall certify the levy 
annually to the county auditor, Avho shall place the same upon 
the tax duplicate in the same manner that other taxes certified by 



question whether the board acquires jurisdiction to take steps for rais- 
ing a tax unless it first officially "ascertains" and " determines " all 
the preliminary facts mentioned in the statute, and makes a record of 
such finding. 

(6). When the statute requires that notice shall be given of the 
matter to be acted on, a failure to insert such matter will render void 
any act done with respect to the matter not so embraced as required. 
18 Maine, 184; 12 Gushing, 294. It is presumed that the people of a 
district know the days appointed by law for the ordinary afiairs of the 
district, yet if it is intended to proceed to any other act of importance 
a notice is necessary, the same as at any other time. Dillon on Mun. 
Corp., 319. 

(c). Under these principles, it is likely that omissions in matters of 
uncommon occurrence, like the levying of taxes, will be more rigidly 
scrutinized by a court than would omissions with regard to filling va- 
cancies that occur periodically, and other matters of common noto- 
riety. 



Notloe must 
contain raat- 
ter to be 
acted on. 



Records, 
when likely 
to be scrutin- 
ized. 



88 



OHIO SCHOOL LAWS. 



Oh. 8. 



School-houses and Libraries. 



How the levy 
jnay be anti- 
cipated. 



Issue of 
bonds by 
boards of 
city districts 
of first class. 



Mode of rais- 
ing funds. 



Offlcial signa- 
tures. 



such board are required to be placed thereon ; and when the dis- 
trict is divided by a county line, the levy shall be certified, col- 
lected, and paid in the manner provided in sections ihirly^ine 
hundred and sixty-one and thirty-nine hundred and sixty-two, in the 
case of levies for joint sub-districts. [70 v. 195, § 62.] 

Sec. 3993. To enable such board to anticipate the money to 
be raised it may borrow the sum of money necessary, not exceed- 
ing the amount so authorized to be levied, and issue bonds there- 
for, payable as indicated by the vote provided for in section thirty- 
nine hundred and ninety-one, after a certain day to be named there- 
in, and bearing interest payable semi-annually, at a rate specified 
therein, not exceeding six per cenUim per annum; the bonds 
shall be in such sums as the board may determine, be numbered 
consecutively, made payable to the bearer, bear date the day of 
sale, and be signed by the board ofiicially; the clerk of the board 
shall keep a record of the number, date, amount, and rate of in- 
terest of each bond sold, the sum for which and the name of the 
person to whom sold, and the time when payable, which record 
shall be oj^en to the inspection of the public at all reasonable 
times ; and the bonds so issued shall in no case be sold for a less 
sum than their par value, nor bear interest until the purchase 
money for the same shall have been paid by the purchaser. [70 
V. 195, § 63.] 

Sec. 3994. The board of education of any city district of the 
first class, except a district embracing a city of the first grade of 
the first class, may issue bonds to obtain or improve public school 
property, and in anticipation of income from taxes for such pur- 
pose, levied or to be levied, may, from time to time, as occasion 
requires, issue and sell bonds, under the restrictions and bearing 
a rate of interest specified in the preceding section, and pay such 
bonds and interest thereon when due, but shall so provide that 
no greater amount of such bonds shall be issued in any year than 

Sec. 3993. (a). Boards of education are not authorized to raise 
money on notes or bonds except as prsvided for by statute. 

(6). Bonds signed bj'^the president and clerk of the board are offi- 
cially signed. 

(c) . When specific power is given by the legislature authorizing a board 
of education to issue negotiable bonds for school purposes upon certain 
conditions prescribed, the regularity of proceedings of the board can not 
be disputed, where the bonds, upon their face, purport to have been issued 



SCHOOL OFFICERS GUIDE. 



89 



School-houses and Libraries. 



Ch. 8. 



would equal the aggregate of a tax at the rate of two mills, for 
the year uext preceding such issue ; but the order to issue such 
bonds shall be made only at a regular meeting of the board, and 
by a vote of a majority of all the members thereof, taken by yeas 
and nays, and entered on the journal of the board. [75 v. 526, 
§ 56.] 

L.BRAPaES. 

Sec. 3995. In any district the board of education may appro- 
priate money from the contingent fund for the purchase of such 
books, other than school books, as it may deem suitable for the 
use and improvement of the scholars and teachers of the district, 
and in the purchase of philosophical or other apparatus for the 
demonstration of such branches of education as may be taught in 
the schools of the dristrict, or for either of such purposes; but 
not more than one-half of the amount herein authorized to be 
appropriated shall be expended in the purchase of such apparatus ; 
such appropriation shall not exceed, in any one year, twelve hun- 
dred dollars in city districts containing cities of the first grade of 
the first class, three hundred dollars in other city districts of the 
first class, one hundred and fifty dollars in city districts of the 
second class, and seventy-five dollars in other districts ; and the 
books so purchased shall constitute a school library, the control 
and management of which shall be vested in the board of educa- 

under the law in question, and where thej^ have been sold by the board 
and afterwards passed into the hands of a bona fide holder. 

Mandamus is the proper remedy to compel the board to appropriate 
moneys already in their treasury for that purpose, toward the payment 
of such bonds, and to levy such tax as may be necessary to complete 
such payment. 27 O. S., 96. 

Sec. 3994. An injunction would lie against a board of education 
which sought to issue bonds in excess of this authority, but only as to 
such excess, and not to the whole. 47 Mich., 226 ; 43 Iowa, 48. 

Sec. 3995. (a). For the establishment of a public library by township 
trustees, see E. S., sees. 1476-1478. For powers of city and village coun- 
cils, see section 1692, E. S. 

(&). The question sometimes arises as to what is apparatus. It is 
not customary to regard maps and charts as such. These, like clocks, 
desks, black-boards and black-board furniture, would be classed among 
the essentials for furnishing a school, and they may probably be pur- 
chased under section 3987, as provisions necessary for the convenience 
and prosperity oi. the schools. 



Certain 
boards may 
appropriate 
money for 
library, etc. 



Injunction 
against exces- 
sive issue. 



Establish- 
ment of libra- 
ries. 



Wh^t is ap- 
paratus. 



90 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



Levy for li- 
brary in cities 



How library 
tax to be ex- 
pended. 



Board may 
appoint libra- 
rian, etc. 



In certain 
cities board 
may appoint 
managers of 
library. 



tion. The board of education of any city of the second class, 
fourth grade, having a free public library organized, in pursuance 
of law, may allow such free public library association the use and 
control of the public school library, subject, however, to such 
rules, regulations, and restrictions as said board of education may 
prescribe for the use and control thereof. ['''^ v. 29, § 51 ; 78 v. 
110.] 

Sec. 3996. For the purpose of increasing and maintaining 
the school library of city districts, the board of education may 
levy annually a tax of one-tenth of one mill on the dollar valua- 
tion of the taxable property thereof, to be assessed, collected, and 
paid in the same manner as are other school taxes of such dis- 
tricts. [64 V. 62, § 1.] 

Sec. 3997. The amount of such tax, when collected, shall be 
expended, under the direction of the board, for the purchase of 
such books as are suitable for public school libraries, the bills for 
which, with the attendant expenses, shall be certified by the presi- 
dent and clerk, and paid by the treasurer of the school funds. 
[64 V. 62, § 2.] 

Sec. 3998. The board may appoint a librarian, fix his com- 
pensation, and make all needful rules and regulations for the 
management of the library, to which every family resident in 
such city districts shall have access. [64 v. 62, § 3.] 

Sec. 3999. In cities not having less than twenty thousand 
inhabitants, the board of education having custody of any public 
library therein may, at any regular meeting, adopt a resolution 
providing for a board of managers of such library, and shall there- 
upon elect, by ballot, two persons to serve as members of such 
board for a term of three years, two persons to serve for a term of 
one year ; and annually thereafter two persons shall be elected to 
serve for a term of three years ; all vacancies in such board shall 
be filled by the board of education by ballot, and a person so 
elected shall serve during the unexpired term of his predecessor ; 
the president of the board of education shall be a member of the 
board of managers ex-officio ; and the board of managers shall at 
all times be amenable to and under the control of the board of 
education, as to tenure of office and authority, and shall serve 
without compensation. [64 v. 100, § 1.] 

Sec. 4000. TJie board of education of the city of Cleveland 



SCHOOL OFFICERS GUIDE. 



91 



School-houses and Libraries. 



Ch. 8. 



shall, at its first regular meeting after the third Monday of April, 
1884, and every two years thereafter, elect, by roll-call, as in other 
cases, not less than three nor more than seven suitable persons, 
residents of said city, and not members of the board of education, 
who shall be known as the puMic library board of the city of 
Cleveland, and shall hold office for t\yo years from such election 
and until their successors shall have been elected and qualified, 
and without compensation. [75 v. 101, § 1; 80 v. 172.] 

Sec. 4001. Such library board shall report in writing to the 
board of education once each year, and oftener if required by the 
Latter, shall have exclusive charge and control of the public library 
of the city, and shall have full power to make all rules and regu- 
lations for the government and management thereof; to employ a 
librarian and such assistants and helps as may be needed for the 
care and protection of the library, and to attend to the drawing 
and return of books ; but prior to such employment the compen- 
sation of such librarian, assistants and help, shall be fixed by the 
library board, by a majority of the membei's thereof voting in 
favor of such compensation, on roll-call by the secretary, and 
such librarian, assistants and help shall be employed by a vote in 
the same manner. [76 v. 50, § 2; 78 v. 132 ; 80 v. 172.] 

Sec. 4002. For the purpose of increasing and maintaining 
the public library in said city, and the territory thereto attached 
for school purposes, such library board may levy annually a tax 
of two and one-half tenths of one mill on each dollar valuation of 
the taxable property of the city, and the territory thereto attached 
for school purposes, to be levied, collected and paid in the same 
manner as are the school taxes of the city ; all moneys appropria- 
ted, received or collected by tax for the library, shall be expended 
under the direction of the library boai^d in purchasing such books, 
pamphlets, papei-s, magazines, periodicals, journals and other 
property as may be deemed suitable for the public library, and in 
payment of all other charges and expenses, including compensa- 
tion to the librarian, assistants and help, that may be incurred in 
increasing and maintaining the library ; and the pay-rolls and all 
warrants upon the treasurer given to pay such expenditures, upon 
the order of the library board, be certified by the president and 
secretary of such board, and paid by the treasurer of the city 
from such library fund. [76 v. 50, § 3; 80 v. 173.] 



Board of edu- 
cation of 
Cleveland to 
elect public 
library board. 



Powers and 
duties of li- 
brarj' board. 



Librarj- tax, 
and how ex- 
pended. 



92 



OHIO SCHOOL LAWS. 



Ch. 8. 



School-houses and Libraries. 



Consolidation 
of libraries in 
Portsmouth 
authorized. 



Board of 
Portsmouth 
to appoint 
library com- 
mittee. 



Powers and 
duties of such 
committee. 



Powers and 
duties of li- 
brary com- 
jaittees in 
Portsmouth. 



Sec. 4003. la all cities which at the last federal census had, 
or at any subsequent federal census may have, a population of ten 
thousand five hundred and ninety-two, it shall be lawful to merge 
any public library therein heretofore established with any other 
library or reading-room therein«existing; but the library formed 
by such consolidation shall be kept open for the use of the public 
at all reasonable hours. [75 v. 541, § 1 ; 76 v. 27, § 1.] 

Sec. 4004. The board of education of every such city shall, 
at its first regular meeting after the second Monday in June, 1879, 
elect by ballot three suitable persons, residents of the city, but 
other than members of such board, who shall be known as the 
library committee of the city, one to serve for one year, one for 
two years, and one for three years, and until their successors are 
duly elected and qualified, and shall, annually thereafter, elect in 
like manner one person with the same qualifications, to serve for 
three years, and until his successor is elected and qualified ; and 
any vacancy in such committee shall be filled for the unexpired 
term at the first regular meeting of the board held after the same 
occurs. [75 v. 541, § 2; 76 v. 97, § 2.] 

Sec. 4005. Such committee shall report in writing to the 
board of education at least once each year, and oftener if required 
by the board, and shall have entire charge and control of the 
school library in the city, with full power to make all rules and 
regulations, for the government and regulation thereof, to employ 
a librarian, and such assistants and help as may be needed for its 
care and protection, and to require of the librarian such bond as 
they may deem proper for the faithful performance of his duties, 
and to attend to the drawing and return of books; but the salary 
of such librarian, and the rate of compensation of such assistants 
and help, shall be fixed by resolution prior to such employment. 
[76 V. 97, § 3.] 

Sec. 4006. For the purpose of increasing and maintaining 
school libraries in cities mentioned in section /orfj/ hundred and three 
of the revised statutes of Ohio, and the territory thereto attached for 



Secs. 3995-4006. The proper selection of books for a library is 
second in importance only to the selection of the teacher. These 
sections of the law place in the hands of boards of education a most 
important trust and impose a corresponding responsibility. If it Avere 
sure to be well used, it would be infinitely important to double and 



SCHOOL OFFICERS GUIDE. 



93 



School-houses and Libraries. 



Ch. S. 



school purposes, such library committee in such cases is authorized to 
annually levy a tax of two-tenths of one mill on the dollar valuation 
of the taxable property of such cities aforesaid, and the territory 
thereto attached for school purposes, to be assessed, collected, and 
paid in the same manner as are Ae school taxes of such cities, 
and all money appropriated or collected by tax for such library 
shall be expended under the directioD of said library committee 
in the purchase of such books, pamphlets, papers, magazines, 



even quadruple the amount now allowed for the purchase of books. 
No one thing will contribute more to the happiness and manly charac- 
ter of our youth than the reading of well selected books, both while 
attending school and during the interims of work in other seasons of 
the year. They may ]je the constant companions of the child, silently 
and surely moulding the thoughts and fashioning the lives of their 
pupils. Horace Mann well says : "Let a child read and understand 
such stories as the friendship of Damon and Pythias, the integrity of 
Aristides, the fidelity of Eegulus, the purity of Washington, the invin- 
cible perseverance of Franklin, and he will think differently and act 
differently all the days of his life. Let boys and girls of sixteen years 
of age, read an intelligent and popular treatise on Astronomy and 
Geology, and from that day new heavens will bend over their heads, 
and a new earth will spread out beneath their feet. A mind accus- 
tomed to go rejoicing over the splendid regions of the material 
universe, or to luxuriate in the richest world of thought, can never 
afterwards read like a wooden machine — a thing of cranks and pipes 
— to say nothing of the utility it will realize." 

This last consideration is of vast importance from several points of 
view. The practice of depending solely upon the work of the teacher 
to secure to the pupil facility in the mere calling of Avords at sight, is 
an awkward and exjyensive practice. The opiaortunity which a judic- 
iously selected library affords for cultivating a taste for reading, so that 
pupils will read much outside of the routine class exercise will shorten 
not by half, but by many times that amount, the time required to be 
spent by the teacher in mere drills for this purpose. . In learning to 
read English intelligently, as in learning to read any other language 
intelligently, the essential thing is to read, read, read. This is the 
cheapest way to arrive at this result in any language, and the rule for 
all languages is : Read, even for the purpose of learning the language 
and how to use it, only what the reader can, with just effort enough to 
act as a stimulant, clearly understand. Eead what will amuse, if pos- 
sible, — what will interest, invigorate, and instruct the mind, at all haz- 
ards. With a good library of books which a teacher will be proud to 



Importance 
of selection of 
library books. 



Cultivation 
of reading 
habit. 



94 OHIO SCHOOL LAWS. 



Ch. 8. School-hooses and Libraries. 



periodicals, and journals, as may be deemed suitable for the pub- 
lic school library, and in payment of all other costs and charges, 
including the salaries of the librarian and assistants, that may be 
incurred in maintaining such libraries, the bills and pay-rolls for 
which said expenditures, shall, upon the order of the library com- 
mittee, be certified by the chairman and secretary of such commit- 
tee, and paid by the treasurer of the board of education of said 
city from such library fund. [55 v. 541, § 2; 76 v. 97, § 4; 78 
V. 176.] 

recommend to his pupils, and his pupils will be proud to feel that they 
have read, and the cost to the district in the waj'' of paying a teacher 
to coaxand wheedle and cajole pupils into calling words at sight and 
into intelligent expression of thoughts and sentiments will be reduced 
many hundred per cent. 

Besides all this, a teacher may be ever so successful in securing a 
distinct articulation, and a sprightly emphasis, and if he has not also 
had the means at hand, and used it, to insure that the pupil will 
choose suitable books, it is even questionable whether his ability to 
read will prove a blessing or a curse. The books that are most likely 
be directed to to fall in the way of a child are generally those of least worth. The 
books.** reading of such books once entered upon, begets a taste for low and 

debasing, rather than for pure and elevating literature. That the 
State should create the ability to read, and the appetite for reading, 
and should leave the child wholly to chance in the procurement of the 
means of gratifying this taste, is to bring her own interests into great 
hazard. 

In looking for a teacher, it is deemed important to secure a man of 
excellent moral character, and it is thought to be worth while to sub- 
ject such teacher to a rigid examination in this regard. It is as import- 
ant that these silent companions of the quieter hours of the child 
should be selected with the wisest regard to the circumstances of the 
child. Dull, heavy treatises on morals, works so far above the capac- 
ities of the child, that a reasonable mental effort fails to interest him, 
or so simple and diffuse as to require no mental effort and to leave no 
invigorating influence upon the mind, are quite likely to drive the 
child to the tales of mad adventure, of sickly sentiment, or of wild 
and extravagant social and moral theories. 



SCHOOL officers' GUIDE. 



95 



Schools, and Attendance Enforced. 



Ch. 9. 



CHAPTER 9. 

SCHOOLS, AND ATTENDANCE ENFORCED. 



Section 

4007. Sufficient schools must be pro- 
vided. 

Schools for colored children. 

Schools of higber grade than 
primary. 

Schools at " children's homes" 
and county infirmaries. 

Youth may be sent to charity 
school at Zanesville. 

Evening schools. 

Who may be admitted to pub- 
lic schools. 

Suspension and expulsion of 
pupils. 

Teachers may dismiss schools 
on holidays. 

School year, month, and week, 

Board to control schools, and 
appoin t officers. 

Directors to employ, pay, and 
dismiss teachers. 



4008. 
4009. 



4010. 
4011. 



4012. 
4013. 



4014. 
4015. 



4016. 
4017. 



4018. 



Section 

4019. Teaf-her dismissed for insuffic- 
ient cause may institute suit. 

Board to determine studies and 
text-books. 

When German language to be 
taught, etc. 

Pupils may be sent from one 
district to another. 

Children must attend school. 

Unlawful to employ children 
who have not attended school. 

Boards to ascertain condition of 
children not at school. 

When board naay supplj^ pupil 
with books. 

Penalties against violation of 
preceding provisions. 

Clerks must prosecute. 

AVhat is equivalent to attend- 
ance on day school. 



4020. 
4021. 



4022. 



4023. 
4024. 



4025. 
4026. 



4027. 



4028. 
4029. 



SCHOOLS. 

Section 4007. Each board of education shall establish a suf- sufficient ' 
ficient number of schools to provide for the free education of the be provided, 
youth of school age within the district under its control, at such 



Section 4007. (a). In determining the question as to how many 
schools are necessary in the districts, either of townships, villages, or 
cities, three things should be carefully considered: 1. Convenience 
of access. 2. Economy in expenditures. 3. A proper grading and 
classification of the pupils, in cases where grading is possible. 

Under the first item, a due regard should be had to the arrangement 
of the population. In some cases the geographical center of the dis- 
trict is not the center of population, nor will it always do utterly to 
disregard the rights of minorities, and place the school in the exact 
center of population, when this will force a respectable number of 
children to travel excessive distances. 

For consideration under the second head, a comparison has been insti- 
tuted in this Eeport, between the expensiveness of the schools of 
Ohio and those of several other States. The system of management 
in other States named is very different from that in Ohio. 1. The 
schools of the township are under the control of a single body of men, 
so that the questions that arise may be more comprehensively treated, 
with a view both to economy and convenience. 2. A judicious system 
of supervision and reports shows what may be done in all the town- 



Schools 
should be con- 
veniently lo- 
cated. 



Economy in 
school man- 
agement. 



96 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



places as will be most convenient for the attendance of the largest 
number of such youth, and shall continue each and every day 
school so established not less than twenty-four nor more than 
forty-four weeks in each school year ; and each township board of 
education shall establish at least one primary school in each sub- 
district under its control. [75 v. 513, § 50.] 



Classiflcation 
of schools ad- 
visable. 



Two or more 
school rooms 
in a sub-dis- 
trict. 

No authority 
to construct 
roads. 

Schools must 
contiuue 
twenty-lour 
weeks. 



ships, \>y showing what has been done in some one township. The 
superintendent is also able, in many direct ways, to assist in obviating 
the lavish expenditure of money. States that have adopted these 
measures have found them conducive both to economy and efficiency. 
The most intelligent citizens of many States in which these provisions 
are not made, are seeking to secure them in one form or another. 

No intelligent man will hesitate for a moment to say that where it is 
possible to put younger children in a room by themselves, and to adapt 
the teaching, the amusements, the discipline, and the general atmos- 
phere and tone of the school to thi? condition of such children, and, to 
do similarly with the more advanced pupils of the school, both econ- 
omy and efficiency will be greatly enhanced. This cannot always be 
done. Many of the sparsely settled districts v/ill never enjoy those 
privileges to any considerable extent. To gain such advantages, those 
who are able, will continue to send their children to the larger towns 
or to seminaries. But the boards of education should not, in all 
questions, dismiss the subject, because it presents difficulties. In many 
cases these difficulties have been overcome, and where the population 
is not too sparse they may yet be overcome. 

There is no reason why two or more school-houses or two or more 
school-rooms may not be provided in a sub-district. • 

{b). Boards of education have no authority to open, orto construct 
roads to a school-house. As to power to construct sidewalks, see sec. 
4909 (amended) ; see also sec. 6884 (amended). 

(c). The law is absolute in its requirements to continue all schools 
to which public money is applied at least twenty-four weeks. The law 

. does not limit boards of education to this period, however, and if the 
time is lengthened as to the schools for any portion of the inhabitants 

. of a township district, it must be equally lengthened for all such inhab- 
itants. This does not imply that all the grades of a system of schools 
accessible to all the pupils of a district must be kept up as long as the 
other grades. But if the high or grammar schools for one part of the 
district be kept up for a given time, such grades for other parts of the 
district must be continued as long. See section 3967. That this same 
rule is to govern in the case of different parts of a city district, see 
fourth item enumerated under section 3969. 



SCHOOL omCEKS' GUIDE. 



97 



Schools, and Attendance Enforced. 



Ch. 9. 



Sec. 4008. When, in the judgment of the board, it will be 
for the advantage of the district to do so, it may organize separate 
schools for colored children ; and boards of two or more adjoining 
districts may unite in a separate school for colored children, each 
board to bear its proportionate share of the expense of such 
school, according to the number of colored children from each 
district in the school, which shall be under the control of the 
board of education of the district in which the school-house is sit- 
uate. [75 V. 513, § 50.] 

SeC. 4009. Any board of education may establish one or more 
schools of higher grade than the primary schools, whenever it 
deems the establishment of such school or schools proper or neces- 
sary for the convenience or progress of the pupils attending the 
same, or for the conduct and welfare of the educational interests 

Sec. 4008. (a). [A school established for colored children in a 
township has no directors, but is under the immediate control of the 
township board.] 

(6). The act of March 14, 1853, (51 v. 429), as amended March 18, 
1864, (61 V. 31), authorizing the classification of school youth on the 
basis of color, does not contravene the constitution of the State nor 
the fourteenth amendment of the constitution of the United States ; 
and colored children residing in either of the districts for white chil- 
dren which have united in constructing a joint district for the educa- 
tion of colored children, are not, as of right, entitled to admission into 
the schools for white children. State v. McCann, 21 O. S.. 198. 

(c). For the decision of the U. S. District Court on this subject, see 
a rather full statement of the opinion of Judge Baxter in the Appen- 
dix to this volume. 

Sec. 4009. (a). This authority applies to all boards of education, 
including township boards. If such higher grade of school is in a 
sub-district and exclusively for the use of such sub-district, it is, like 
primary schools so situated, under the provisions of section 4018. 
If it is designed for the attendance of children from all of the 
sub-districts, under a general rule that all of a certain grade of 
^scholarship may attend it, without special assignment of indi- 
vidual pupils thereto, it is practically a township high school, and 
under the management of the township board of education, though it 
is, of necessity, located within the territory of some sub-district. This 
is evident from the fact that the full control, of the public schools of 
each district is, under section 4017, in the hands of the board of edu- 
cation of such district, except only as provided in section 4018. 

(&). An order for the payment of a teacher of a township high 
school should be signed by the president and countersigned by the 
clerk of the board of education. See section 4047. 
7 



Schools for 
colored chil- 
dren. 



Boards of ed- 
ucation may 
establish 
schools of 
higher grade 
than pri- 
mary. 



To whom ap- 

Elicable and 
y whom con- 
trolled. 



Order of 
t«aoher how 
signed. 



98 OHIO SCHOOL LAWS. 



Ch. 9. Schools, and Attendance Enforced. 

of the district; and such school or schools when so established, 
shall not be discontinued under three years from the time of the 
establishment .thereof, except by a vote of three-fourths of the 
members of the board of education of each township. [75 v. 513, 
§50; 79 v.. 37.] 



(c). In most of the cities of Ohio there has prevailed, for some 
^ftoTmsh^ years, an earnest and liberal sentiment regarding the support of high 
high schools, schools. It is hardly necessary to add anything here to the arguments 
in favor of extending such privileges to villages, and even to hamlets. 
The law provides for such action with great clearness and liberality. 
Boards of townships may establish such schools without difficulty, 
and the number of boards that are making provisions for them is in- 
creasing, though not so rapidly as could be desired. The tendency of 
pupils, where no accessible high school exists, is to. go over and over 
the studies of preceding winters, thus wasting their time during that 
period when they are most capable of improvement, and when, if the 
opportunity presented itself for improvement, the motive can be most 
successfully brought to weigh upon them. This most precious time 
is worse than wasted, since pupils who attend schools in which they 
are not induced to work, are forming indolent and indifferent intellec- 
tual habits which are likely to go with them through life. 

With such a start in the elements of physics, botany, chemistry, and 
literature as a good high school could give to young men and women 
in the rural districts, the efficiency, happiness, and moral worth of 
these youth would be enhanced a hundred per cent. The day has 
gone by when men expect worth and value in mature life, when the 
means of securing these qualities have not been supplied and utilized 
in youth. Men know, by observation and experience, that unless they 
sow in the proper season they will not reap a harvest. The responsi- 
bility of supplying the means of early culture to the youth of Ohio, 
is largely left to the board of education in each neighborhood. They 
are left without legal hindrance,, and are appealed to by every touch 
of interest, of patriotism, and of humanity to use the power thus 
granted to the best advantage. 

Well organized schools providing for higher instruction in the central 
neighborhoods, are not necessarily more expensive than the unrelated 
schools— each undertaking to furnish a medium education to its 
pupils. The higher opportunities for the older pupils render it possible 
to run the primary schools more cheaply, and the results are incom- 
parable better. This subject has been somewhat fully treated in the 
reports 1881 and 1882. 



SCHOOL OFFICEES GUIDE. 



Schools, and Attendance Enforced. 



Ch. 9. 



Sec. 4010. The board of any district in which a children's 
home or orphans' asylum is or may be established by law, or in 
which a county infirmary is or may be established, shall, when 
requested by the board of trustees of such childrens' home, 
orphans' asylum or the directors of such infirmary, establish in 
such home, asylum or infirmary a separate school, so as to afford 
to the children therein, as far as practicable, the advantages and 
privileges of a common school education ; such schools at infirm- 
aries shall be continued in operation each year until the full share 
ot all the school funds of the district belonging to such children, 
on the basis of enumeration, is expended, and at such homes and 
and asylums not less than forty-four weeks, if the distributive 
share of school funds to which such school at any such home or 
asylum is entitled by the enumeration of children in the institution 
is not sufiicient to continue the schools the length of time hereby 
required, the deficiency shall be paid out of the funds of the insti- 
tution; all schools so established in any such home, asylum or 
infirmary, shall be under the control and management of the 
respective boards of trustees or directors of such institution, 
which boards of trustees or directors shall, in the control and 
management of such schools, as far as practicable, be subject to 
the same laws that boards of education and other school officers 
are, who have charge of the common schools of such district; in 
the establishment of such schools the commissioners of the county 
in which such children's home, orphans' asylum or county infirmary 
is established, shall provide the necessary school-room or rooms,- 
furniture, fuel, apparatus and books, the cost of which furniture, 
fuel, apparatus and books for the schools of such homes, infirm- 
aries and asylums, shall be paid out of the funds provided for 
such institutions ; and the board of education shall incur no ex- 
pense in supporting such schools. [75 v: 513, § 50; 76 v. 75, 
§1; 80 V. 217.] 

Sec. 4011 The board of education of the city of Zanesville 
may contract with the trustees having the management of any 
fund which has been provided by gift, devise, or bequest for the 
establishment or support of a school or schools for poor children 
therein, for the admission to any such school of children resident 
in the city, and pay to such trustees, out of the school funds under 
its control, such tuition fee as may be agreed upon for each 



Schools at 
children'.s 
homes, or- 
phans asy- 
lums and in- 
flrmaries ; 
how sns- 
tained. 



To he under 
control of 
trustees of 
institutions. 



Youth may 
be sent to 
charity school 
at Zanesville. 



100 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schoels, and Attendance Enforced. 



Evening- 
schools. 



Who may be 
admitted to 
public schools 



Who may at- 
tend school. 



Pupils to at- 
tend in their 
own sub-dis- 
trict. 



Residence of 
pupil deter- 
mines attend- 
ance. 



scholar so admitted, but not entitled to admission according to the 
terms of such gift, devise, or bequest, and also provide for such 
right of visitation or control of such school or schools by the 
board as may be agreed upon; such school or schools shall be 
kept, at the least, equal in grade and efficiency to the correspond- 
ing public schools of the state, and every such contract shall 
expire in three years from the time of its execution, unless 
renewed or extended by agreement; but this section shall in no 
manner apply to any school or schools supported or controlled 
by any church, congregation, sect, or religious denomination or 
association of any kind. [75 v. 530, § 1.] 

Sec. 4012. In any district composed, in whole or in part, of a 
city or village, the board may, at its discretion, provide a suitable 
number of evening schools for the instruction of such youth as 
are prevented by their daily vocation from attending day schools, 
subject to such regulations as the board may, from time to time, 
adopt for the government thereof. [72 v. 29, § 51.] 

Sec. 4013. The schools of each district shall be free to all 
youth between six and twenty-one years of age, who are children, 
wards or apprentices of actual residents of the district; and such 
youth may also be admitted free if they are members of a family 
of a freeholder whose residence is without, but whose homestead 
is partly within such district. Each board of education may 
admit other persons of like age, upon such terms or upon payment 
of such tuition as it may prescribe ; provided, that in all counties 

Sec. 4013 (a). This amended act seems designed to exclude from 
the schools, even for pay, children under six years of age, and persons 
over twenty-one years old. 

{b). The children, inmates of the German Protestant Asylum, of 
Cincinnati, are not "children, wards, or apprentices of actual resi- 
dents" in the school district within wiiich said asylum is located, and, 
therefore, under the act of February 21, 1849 (2 Curwen, 1471), are not 
entitled to gratuitous admission to the privileges of the public schools 
of said district. State v. School Directors, 10 O. S., 448. 

(c). Children cannot, as a matter of right attend the schools of sub- 
districts in which they do not reside, and to which they have not been 
assigned by the board of education. The local directors are given no 
jurisdiction in such matters. 

{d). The residence of the pupil, and not of the parent, determines 
his right to attend school. The parent may reside in one district, and 
the child in another. If the parent sends him into another district to 



SCHOOL OFFICEES GUmE. 



101 



Schools, and Attendance Enforced. 



Ch. 9. 



which do not contain a city of the first grade of the first class, in 
such case there shall be credited on the tuition so charged the 
amount of school tax in such district, for the current school year, 
which may be paid by such non-resident pupil or a parent thereof; 

remain for a limited period, he can attend school only on such terms 
as may be prescribed by the board of directors. 

(e). The evident spirit and intention of the law is to secure the 
opportunity of an education to every child in the State, but to do this 
with justice to local tax-payers. If cases arise requiring the exercise 
of a choice between these interests, it is the dictate of reason to adopt 
such a course as shall not defeat the first purpose of the law. Hence 
if a laboring man should m.ove his family into a district for the pur- 
pose of performing a contract, and then of returning to a former and 
permanent domicile, boards of education are not in the habit of deny- 
ing such children the privileges of the public school of the neighbor- 
hood. So if children come into a neighborhood to make a temporary 
home with resident members of the same family, such as grand-parents, 
brothers, or sisters, and the like, such children coming not for the 
mere purpose of attending the school, but from family considerations, 
or for the purpose of doing service for wages or for support, the cus- 
tom is to grant them the privileges of the neighborhood school. 
Especially is this done, if otherwise these children could not attend 
school at all. 

(/). Subject to such reasonable constrnction of tbe law in favor of 
its general purpose, the Avord " resident " is subject to the ordinary 
rules of definition. A man who comes into the district with the pur- 
pose of remaining in it indefinitelv, having no defined or determined 
intention of leaving it, must be considered a resident under this law, 
though he may not have tarried in the district long enough to become 
a voter. A minor who has no permanent home, is, for the purposes 
of this law, considered to be a resident wherever he may be tarrying 
for the time being. 

(g). Under the clause giving the privileges of the school to one 
whose domicile is witb'^-nt the district, but whose homestead is partly 
within and partly will! uut the district, cases have come to notice in 
which a farmer has purchased a strip of land adjoining his farm, but 
lying within a village or city district, for the expressed ptirpose of 
bringing his homestead within the profusion of the law. His children 
are enumerated, and he pays the bulk of his school tax in the out-lying 
district, and yet without question, the law permits the attendance of 
his children on the school of the corporation. In a case where the 
original homestead was cut into halves by the district line — a highway 
— and the strip of land lying along the road had been sold off into 
town lots, leaving that part of the original homestead which lies in the 



Tax paid by 
13arentol non- 
resident pupil 
to be credited 
on his tuition. 



Custom in 
certain cases 
of temporary 
residence. 



Length of res- 
idence indefi- 
nite. 



Case of a 
minor. 



102 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



and the several boards sliall make such assignment of the youth of 

their respective districts, to the schools established by them, as 

will, in their opinion, best promote the interests of education in 

their districts. [70 v. 195, § 71 ; 77 v. 196.] 

ISec. 401-J. No pupil shall be suspended from school by a 
Suspension . ,. , . 

andexpuision superintendent or teacher except lor such time as may be neces- 

of pupils. 

saiy to convene the board of education of the district or the direc- 
tors of the sub-district, and no pupil shall be expelled except by a 
vote of two-thirds of such board or directors, and not until the 
parent or guardian of the offending pupil has been notified of the 



Electors vote 
where. 



Right of ex- 
pulsion. 



Damages lor 
wrongful ex- 
pulsion. 



Detention of 
pupil at home 
by parent. 

Right to at- 
tend not ab- 
solute. 



Tillage district, separated from the part containing the home of the 
owner, who still continues to cultivate that disconnected part, it has 
been claimed and conceded by boards of education that this clause of 
the law allows the owner to send to the village school. A farmer's 
homestead may often consist in fact of the several patches of farming 
land near his house, from which he is accustomed to derive his sup- 
port. If one or more of these neighboring patches, actually cultivated 
as part of the homestead, is within a given district, the law seems to 
apply. 

(h). Under the general law, sections 3898, 3916, etc., boards of edu- 
cation are elected by the qualified electors of their district. This sec- 
tion does not change this provision. Hence, though they may send 
their children to the school, they cannot vote in any district except 
where their home is situated. 

Sec. 4014. (a). [This right of suspension or expulsion is one which 
needs to be carefully guarded. 

The true motto is to bring in, not to drive out; but there are cases 
where, to protect the rights of the many, it is necessary to expel a 
pupil. 

We should not hesitate to exclude from the schools a pupil affected 
with a contagious disease. Gross immorality is both contagious and 
infectious, and cases may occur requiring the exercise of this right.] 

(6). The father of a child entitled to the benefits of the public school 
of the sub-district of his residence, may maintain an action against the 
teacher of the school and the directors of the sub-district, for damages 
for wrongfully expelling the child from school. Eoe v. Deming ct aL, 
21 0. S., 666. 

(c). See notes under section 4017. 

id). The parent has no right to in{erfere with the order or progress 
of the school by detaining his child at home, or hy sending him at times 
that prove an annoyance or hindrance to others. 31 Iowa, 568. 

The right to attend school is not absolute, but conditional on com- 
pliance with the rules. 48 Vt., 473. 



SCHOOL OFFICEES' GUIDE. 



103 



Schools, and Attendance Enforced. 



Ch. 9. 



proposed expulsion, and permitted to be heard against the same ; 
and no scholar shall be suspended or expelled from any school 
beyond the current term thereof. [70 v. 195, § 71.] 

Sec. 4015. Teachers employed in the common schools may 
dismiss their schools, without forfeiture of pay, on New Year's dismiss school 

on holidays. 

day, the Fourth of July, and Christmas, and on any day set apart 
by proclamation of the president of the United States, or the gov- 
ernor of Ohio, as a day of fast or thanksgiving. [70 v. 195, § 116.] 

The following statute enacted April 13, 1882, to take effect on 
its passage, properly belongs with the above section : 

Sec. 4015 (a). All the public schools of the state shall be sothMaya 
closed on the 30th day of May, in each year, and no deduction 
shall be made from the wages of teachers for such time. 

Sec. 4016. The school year shall be2;in on the first day of Sep- school year, 

•' '^ . "^ ^ month, and 

tember of each year, and close on the thirty-first day of August of week, 
the succeeding year; and a school week shall consist of five days, 
and a school month of four school weeks. [70 v. 215, § 70; 72 
V. 181, § 6.] 



Sec. 4015. (a). In view of section 4015, a few boards of education 
have seen fit to stipulate with their teachers by the day. It is believed 
that this will not affect the question of paying teachers under this sec- 
tion. According to custom teachers are hired for the usual terms. This 
is commonly understood, though the wages may be fixed at so much per 
day. Public policy would forbid the contrary practice and under- 
standing. 

(6). It is held in Michigan that "school management should always 
conform to those decent usages which recognize the propriety of omit- 
ting to hold exercises on recognized holidays. All contracts for teaching 
during periods mentioned must be construed of necessity as subject to 
such days, and there can be no penalty laid upon such observances, in 
the way of forfeitures or deductions of wages." 39 Mich., 484. 

Sec. 4016. Teachers have no right, without express authority of the 
board of education, to make up lost time by teaching on Saturday or 
on a holiday. The custom is so well established of keeping the schools 
in session the five working days of each week exclusive of Saturday, 
and of dismissing on the holidays named, that to change this custom 
would manifestly require action by thti board. As the law does not 
prescribe the days of the week to be taught, the board may, under 
section 3985, authorize the intermission of school on Monday or any 
other day most convenient to the inhabitants. In a few districts in 
Ohio, there is no session on Monday. 



Teachers em- 
ployed by day 
entitled to 
holidays. 



Making up 
lost time on 
Saturdays 
and holidays. 



101 



OHIO SCHOOL LAWS. 



Ch. 5. 



Schools, and Attendance Enforced. 



Board to con- 
trol schools 
and appoint 
officers. 



Sec. 4017. The board of education of each district shaJl have 
the management and control of the public schools of the district, 
with full power, subject to the provisions of the next section, to 
appoint a superintendent and assistant superintendents of the 
schools, a superintendent of buildings, and teachers, janitors, and 
other employes, and fix their salaries or pay, which salaries or pay 



Protposition 
to teacher 
may be with- 
arawn. 



Schools closed 
on account of 
contagious 
disease. 



What teach- 
ers' certifi- 
cates must 
cover. 



When mem- 
bers of board 
liable for pay- 
ment of 
teacher. 



Board to en- 
force neces- 
sary rules. 



Sec. 4017 {a). The assent of both parties must be given to a contract 
to make it binding. A refeolution passed by a board of education, 
engaging the services of a person in any capacity, maybe withdrawn 
at any time before the person accepts. 40 Mich., 84. 

(b). Even if time be given for the answer, and no consideration 
for this delay be paid, the proposal may be withdrawn at any time be- 
fore acceptance. A letter mailed or a telegram sent determines the 
time acceptance is completed and the contract sealed. Pollock on 
Contracts, p. 8. 

(c). If a teacher is employed for a definite time, and, during the 
period of his employment, the district Officers close the schools on 
account of the prevalence of contagious diseases, and keep them closed 
for a time, and the teacher continues ready to perform his contract, 
he is entitled to full wages during such period. The act of God is not 
an excuse for non-performance of a contract unless it renders perform- 
ance impossible ; if it merely makes it difficult and inexpedient, it is 
not sufficient. Although under such circumstances it is eminently 
prudent to dismiss school, yet this affords no reason why the misfor- 
tune of the district should be visited upon the teacher. Dewey v. 
Union Scho'ol District oi Alpena, 43 Mich., 480. 

(d). Persons who are to teach subjects not on the list of studies 
enumerated in the sta^jate, must have a certificate covering all such 
branches. Not only the teacher, but each member of the board of 
education is severally liable for the repayment of money paid under 
their vote and order, to a teacher who does not hold a certificate 
covering each and every branch taught. The same rule applies to all 
payments made to teachers before reports required by law, by the 
State Commissioner of Common Scl>ools, and by the board of educa- 
tion, have been made. 

(e). Boards of education are authorized to adopt and enforce neces- 
sary rules and regulations for the government of schools under their 
management and control. Sewell v. Board of Education, 29 0. S., 89. 

(/). See also note to section 4020. 

{g). As to who shall suspend a pupil, and with what formality, see 
section 4014. 

{h). On the subject of dismissal of teachers, see notes on section 
4018. 



SCHOOL OFFICEES' GtJLDE. 



105 



Schools, and Attendance Enforced. 



Ch. 9. 



shall not be either increased or diminished during the term for 
which the appointment is made ; but no person shall be appointed 
for a longer time than that for which a member of the board is 
elected ; and such board may dismiss any appointee for inefficiency, 
neglect of duty, immorality, or improper conduct [70 v. 195, 
§53.] 

Sec. 4018. In township districts the directors shall employ 
and for sufficient cause dismiss, the teachers of the schools in their 
respective sub-districts, and shall fix their salaries or pay, which 
salaries or pay may be increased but not diminished in amount by 
the township board, and shall not exceed in the aggregate, in any 
year, for any sub-district, the amount of money to which the sub- 
district is entitled for the purpose of tuition for such year ; if the 



Directors to 
employ, pay, 
and dismiss 
teachers. 



(i). For Supreme Court decisions fully discussing the powers of 
boards of education and teachers in relation to corporal punishment, 
see notes to section 39S4. 

(j). For penalty incurred by a teacher for holding sexual inter- 
course with a pupil or pupils, see section 7024, B. 8. 

Sec. 4018. (a). [The dismissal is business and must be trans- 
acted at a meeting, a8 setforth in section 3918, and the reasons there- 
for must be spread upon the minutes. There must be a "sufficient 
cause."] 

(fe). Under the act of May 1, 1873, (70 v. 195), the local directors 
of township sub-districta have no power to delegate the employment 
of teachers to any other person, nor to provide for their payment 
except as provided in section 53 of that act ; and a contract with a 
teacher that he shall employ an assistant, if one be necessary, is illegal 
and void (State v. Williams, 29 O. 8., 161) ; but where the local direc- 
tors employed a teacher, and fixed his salary at $125 per month in 
case he alone should be able to teach the school to their satisfaction, 
otherwise the teacher to employ and pay an assistant, and such teacher 
performed the service under his employment, without the aid of an 
assistant, to the satisfaction of the directors, who certified to the town- 
ship clerk the amount due to the teacher under the contract. Held : 
That the township clerk cannot justify his refusal to draw an order on 
the township treasurer for the amount certified, on the ground that 
the contract under which the service was performed was against pub- 
lic policy, and void. State v. Williams, lb. 

(c). A township board, supposing that local directors were neglect- 
ing their duties under the provisions of the act of March 14, 1853 (51 
V. 429), employed a teacher for a sub-district, who, without being 
notified by the local directors to desist, taught the school for three 



Dismissal is 
business. 



Power to em- 
ploy teachers 
cannot be 
delegated. 



Local board 
neglecting 
duty, town- 
ship board 
may act. 



106 



OHIO SCHOOL L4WS. 



Ch. 9. 



Schools, and Attendance Enforced. 



directors of any sub-district fail to employ a teacher for their 
school, the township board shall employ such teacher, and fix the 
salary to be paid ; and the directors, at the end of any month, or 
at the end of the term, shall give to the teachers employed by 
them certificates of such employment, and of services rendered, 
addressed to the township clerk, who, upon presentation thereof, 



Wages of 
teachers fixed 
by local 
board. 



Dismissal of 
teacher. 



Wages. 



Payment. 



Teachers' 
school record. 



months, and received an order on the township treasurer for his wages. 
Held : That the treasurer could not rightfully withhold payment of the 
order upon the ground that the directors had not been neglectful of 
their duties, and that the exercise thereof by the board of education 
was unwarranted by the facts of the case. Case v. Wresler, 4 0. S., 
561. 

(d). Under the act of March 14, 1853 (51 v. 429), the authority and 
duty conferred by the statute upon the local directors, to employ 
teachers and certify the amount due them for services, cannot be con- 
trolled or interfered with by any order, resolution, or rule of the town- 
ship board, fixing a maximum compensation not to be exceeded by 
the local directors in employing teachers in any sub-district. 11 O. S., 
326. 

Where a township board entered an order that teachers should not 
be employed at a greater compensation than twenty dollars per month 
and the local directors employed a teacher at thirty dollars per month, 
and certified the amount due him for his services at that rate, to the 
tOAvnship clerk, it became the duty of the township clerk to draw an 
order in conformity with such certificate of the local directors, lb. 

(e). [The directors may dismiss a teacher for sufficient cause, as 
incompetency, negligence, immorality. In case the teacher brings suit, 
as he may, his certificate is only prima facie evidence of competency 
and ctiaracter, and may be overbalanced by proof. 

(/). If the sub-district's share of the state fund, increased by the 
amount apportioned for tuition by the township board, is not sufficient 
to continue the school at least six months, the directors should appeal 
to the county commissioners. 

(g). Upon making out a monthly report and presenting it to the 
clerk along with a certificate of service from the directors, and his cer- 
tificate from the county examiners, or a copy thereof, a teacher may 
draw his salary monthly. See section 4051.] 

{h). A correct copy of the teacher's school record is usually indis- 
pensable to the proper discharge of the duties of the directors; hence 
the directors may refuse, and should refuse to issue an order for the 
teacher's wages until the proper record is furnished them. 

{i). The teacher may be held responsible to the board or directors for 
the efficient discharge of every duty properly attaching to the office of 



SCHOOL OFFICEJRS GUIDE. 



107 



Schools, and Attendance Enforced. 



Ch. 9. 



and compliance by such teachers with the provisions of section 
forty hundred andffty-cme, shall draw orders on the township treas- 
urer for the amounts certified to be due, in favor of the parties 
entitled thereto, and the ti'easurer shall pay the same. [70 v. 
195, § 53.] 

Sec. 4019. If the directors of any sub-district dismiss any 

•^ •' Teaclier dis- 

teacher for -any frivolous or insufficient reason, such teacher may missed lor in- 

bring suit against such sub-district, and if, on the trial of the gfitute^mt^"" 

cause, a judgment be obtained against the sub-district, the dh-ec- 

toi"S thereof shall certify to the clerk of the board the sum so 



teacher, including the oversight and preservation of school buildings, 
grounds, furniture, apparatus, and other school property, as well as 
the more important work of instruction and government. Such labor,- 
however, as sawing wood, making fires, and sweeping the floors in the 
school-house, is no approjiriate part of a teacher's duty; and its per- 
formance by the teacher cannot be legally, enforced by the board or 
directors, unless the teacher has voluntarily stipulated to do it. The 
cost of the work is properly chargeable to the " contingent fund," and 
in all well-regulated districts and schools this course is pursued. If 
teachers voluntarily assume these duties as a matter of convenience 
and economy, to the district, they may do so. 

(j). A township clerk cannot refuse to draw an order on the township 
treasury for the payment of a teacher's wages, on the ground that the 
teacher's contract with the local directors contained an illegal require- 
'ment of such teacher, such as that he shall exclude all colored chil- 
dren ; nor on the ground that the township board of education directs 
him to refuse such order. 36 O. S., 429. 

Sec. 4019. [a]. It will be seen that a decision against the local 
directors of a sub-district practically renders the tOAvnship liable for 
the amount of the judgment. See also section 39S7. 

(&). The decisions of a few years ago, that local directors could not 
be sued are cured by this statute, which was passed in 1879. 

(c). Possession of a certificate is prima facie evidence of compe- 
tency and good character, and in considering these facts the law 
requires only fair attainments and ability, and the usual diligence and 
application of the teacher in discharging his duty. 36 111., 71. 

{d). This j^rima facie evidence throws upon the plaintiff the burden 
of sustaining a charge against the teacher of incompetency, immoral- 
ity, or dereliction. 

(e). A person who engages to teach for a definite term, and leaves 
the school without just cause, cannot sustain an action for services 
already rendered. 29 Vt., 219. 



Responsible 
for care of 
property. 



Decision 
against sub- 
district. 



Certificate 
prima facie 
evidence of 
competency. 



Violation of 
contract. 



108 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



found due, who shall issue an order upon the township treasurer, 
to the person entitled thereto, to pay the i^ame out of any money 
in his hands belonging to such sub-district, and applicable to the 



Mast be at a 
meeting. 



The boai"d the 
guardian of 
the district. 



THE EMPLOYMENT AND CISJIISSAL OP TEACHERS. 

This is the most important duty which school officers are called onto 
perform. Yet, while it is always understood that a meeting of the 
board is necessary when action is to be taken regarding the purchase 
of school sites, the building of school-houst^s, and the like business, 
and while most boards in towns and villages never think of engaging 
a teacher otherwise than at a regularly convened meeting of the board, 
it is generally known that many country schools are still provided with 
teachers in a manner quite different from this. Teachers report that 
a large part of the contracts made with Ipcal directors are made by 
visiting them separately and securing their individual assent to the 
coveted bargain. It need not be said that such a transaction or series 
of transactions cannot be made to constitute a contract'under the law. 
It can be enforced as such by neither party. Under this arrangement 
an applicant bo disposed may drive a bargain with several boards in 
one sea^n, legally perfect the one niost favorable to him, and leave 
the other boards to suffer great inconvenience, and the schools great 
damage by being late in the market. Nor is the teacher any safer un- 
der such spurious engagement. 

A board of education is one body of three or more men, duly elected, 
qualified by taking an oath of office, and legally convened, as such board, 
for the purpose of transacting business pertaining to the schools of 
their district. This board is a corporate, or organic body, created by 
law. As an organic body, it consists of offirial members, or organs, 
through which it performs its functions : as ;i president, clerk, some- 
times a treasurer, and commonly other membci'^ It can speak legally 
only through its records — its journal. By virtue ol this' orgai:ization this 
body has legal powers conferred upon it which ro member possesses, 
when apart from the organization. In conferring on this organization, 
by solemn act of law, these supreme powers over the inhabitants of 
the districts, their property and other interests, the law presumes, and 
has a right to presume, that the discretion and wisdom of each and all 
of the members of this organization will be stimulated, put on guard, 
and strengthened, by the natural ^dgor and sagacity, the prudence, 
honesty, freedom from personal interest, the general and special in- 
telligence, and other useful qualifications of each and all of the 
members thereof. 

Having confided to this organization the power to draw money from 
the people, and to expend it for certain purposes ; to determine who 
shall be the teachers of their children, what studies these children 



SCHOOL OFFICERS GUIDE. 



109 



iSchools, and Attendance Enforced. 



Ch. 9. 



payment of teachers ; and in such suits process may be served on 
the clerk of the sub-district, and service upon him shall be suffi- 
cient. [76 V. 58, § 1.] 



shall pursue, and the manner of their instruction, the law very properly 
provides that no one of these powers shall be exercised except when 
more than half of the members constituting a full board are present, 
and then only in the most solemn and considerate manner. It provides 
that the president shall be present to preside, or that a temporary presi- 
dent be formally elected to assume, for the time, his grave duties ; 
that the regular or a temporary clerk shall keep, in a permanent form, 
a full and clear record of all the proceedings of the board, which record 
shall be authenticated by the signature of the acting president and 
clerk. All this is necessary to the performance of the most simple offi- 
cial act. The law pro^ddes still more solicitous]}- and solemnly, that no 
motion to make any purchase or sale, to engage even the lowest of its 
employes, to elect or appoint a permanent officer of the body, to pay 
out any mon-ey, or to adopt a text-book, can be legally carried, or its 
purpose achieved, until the clerk of the board shall have publicly 
called the roll of all the members composing the board, and entered on 
the record required to be kept, the names of those voting " aye," and 
the names of those voting "no," and that only on the afflrmative -vote of a 
majority of all the memhers of the hoard, shall the president declare 
such motion carried. 

The law has been so careful to provide against inconsiderate action 
in the performance of duties connected with these important interests 
of children, of parents, of communities, and of the State. The cul- 
minating interest to all these parties is the selection of a proper teacher. 
All the acts of the board have ultimate, but more or less remote, 
reference to the school. The teacher constitutes, in a large sense, the scJiool 
itself. Whatever else may be well provided for, failure in the election 
of a proper teacher does not merely jeopard all, it loses all. An un- 
qualified, inefficient teacher is not only worth less than a well qualified 
and efficient teacher ; he is worth nothing. He is often far worse than 
no teacher, while he also encumbers the ground to the exclusion of a 
good teacher. It is often very difficult to rid the district of a poor 
teacher, while a few hours of careful consideration may secure the dis- 
trict against such a teacher at the start. 



Quorum ne- 
cessary to 
transact busi- 
ness. 



Yeas and nays 
when taken. 



Selection of 
teachers — its 
importance. 



110 



OHIO SCHOOL LAWS. 



Ch. 



Schools, and Attendance Enforced. 



Board to de- 
termine stud- 
ies and text- 
booivs. 



Sec. 4020. Each board shall determine, at a regular meeting, 
by an affirmative vote of a majority of all its members, the studies 



Adoption of 
a course of 
study a duty. 



Mandamus to 
compel ac- 
tion. 



Board may 
supply books 
when. 



Droppinfi;! 
-test- book or 
study. 



Religious in- 
struction. 



Sec. 4020 (a). This section not only authorizes boards to prescribe 
a course of study and the text-books to be used, but directs that they 
shall do it. It rightly assumes that classification and system are essen- 
tial to the economical and etfectivo conduct of its schools. The ques- 
tion is not settled by finding a teacher so indifierent to real success 
that he is willing in these days to sacrifice the interests of the schoal, 
of society, and of the State, by an easy-going acquiescence in inade- 
quate appliances for his work. 

If a board of education neglects or refuses to comply Avith this 
peremptory requirement of the law, it is manifest that any tax-payer 
may secure such action by mandamus or otherwise. The section 
authorizes the board of education to enforce its order by refusing to 
continue in school a pupil who, being able, does not conform to it. If 
a pupil has no one able to supply him with books, the board should 
supply the want from the contingent fund ; see section 4026. Without 
doubt, a township board may, by injunction or otherwise, enforce its 
rule upon local directors and on teachers in sub-districts. Economy 
and efficiencj^, and not individual caprice, should be the guide in such 
matters, ©hanging to the use of a new edition of a book is not a 
change of text-books. 35 0. S., 368, State ex rel. (Flowers) v. Board 
of Education. 

[b). It would require a majority of all the members composing the 
board to drop a text-lx>ok or a course of study once adopted. 

Music, drawing, or any other branch of school studies may be intro- 
duced by the board. The section leaves this matter to the wise dis- 
cretion of the board. 

(c). The constitution of the State does not enjoin or require religi- 
ous instruction, or the reading of religious books, in the public schools 
of the State. Board of Education of Cincinnati t;. Minor, etal.,23 0. 

s.,2n. 

The legislature having placed the management of the public schools 
under the exclusive control of directors, trustees, and boards of educa- 
tion, the courts have no rightful authority to interfere by directing what 
instruction shall be given, or what books shall be read therein. lb. 211. 

If it is not conceded, it must be conceded that the legislature has 
never passed any law enjoining or requiring religious instruction in 
the public schools, or giving the courts power in any manner, or to 
any extent, to direct or determine the particular branches of learn- 
ing to be taught therein, or to enforce instructions in any particular 
branch or branches. The extent of legislative action, either under 
the present constitution or under that of 1802, which contained a 
provision quite similar to the present, has been, to establish and main- 



SCHOOL OFFICEES' GUIDE. 



Ill 



Schools, and Attendance Enforced. 



Ch. 9. 



to be pursued and the text-books to be used in the schools under 



tain a general system of common schools for the state, and to place 
their management and control exclusively in the hands of directors, 
trustees, or boards of education, other than the courts of the state. 

The laws establishing this system date back to 1825, and form an 
important part of the legislation of the state. 

They have from time to time been changfd, amended, repealed, and 
re-enacted. "While these laws do refer to other branches of learning 
in the schools, they nowhere enjoin or speak of religious instruction 
therein. They speak of the "morals" and "good conduct" of the 
pupils, and of the "moral character" of the teachers, but they nowhere 
require the pupil to be taught religion, or the pupil to be religious. 
Much less do they require this to be done against the will of the 
people interested. (Per Welch, J. i6. 241.) 

(d). When instruction in rhetoric is given in any grade or depart- 
ment of a school, and one of the rules adopted by ttie board for the 
government of the pupils therein provided that if any pupil should 
fail to be prepared with a rhetorical exercise, at the time appointed 
therefor, he or she should, unless excused on account of sickness, or 
other reasonable cause, be immediately expelled from such depart- 
ment: held, that such rule was reasonable. 29 0. S., 89. 

Where the teacher of such department, with the consent of the 
board, for a failure to comply with the rule, or to ofTer any excuse 
therefor, suspended a pupil until he should comply with the rule, or 
offer a reasonable excuse for his non-compliance, neither the board 
of education nor the teacher is liable in damages therefor. lb. 

(e). The Wisconsin case of Morrow v. Wood (35 Wis., 59), is often 
quoted and not always fully understood as to the grounds covered by 
it. In reference to this decision, in the case of Ferriter et al. v. Tyler 
et al. , decided by the Supreme Court of Vermont, Judge Barrett said : 
" We have carefully studied the Iowa (Wisconsin) case of Morrow 
V. Wood, before cited, and not only find nothing in conflict with the 
other cases ciied, but the ideas expressed by Judge Cole are in har- 
mony with the other cases. In that case the teacher required a boy 
to study geography. His father, for good reasons, wanted him to 
devote himself to other studies, requiring all his time and strength, 
without geography. The boy, in obedience to hia father's direction, 
refused to study geography, and the teacher whipped him. Hence 
the suit. It appears that geography was one of the studies required 
by law to be taught ; but there was no law requiring any scholar, or 
particular description of scholars, to study it. There was no rule of 
the school, besides the arbitrary requirement of the teacher, which 
would make it the duty of the boy to pursue that s^udy. 

"Judge Cole says: 'The statute gives the school board power to 



Expulsion for 
disobeying 
rules of 
board. 



Wisconsin 
case. 



112 



OHIO SCHOOL LAWS, 



Ch. 9. 



Schools, and Attendance Enforced. 



its control, but no text-book shall be changed within three years 



As between 
teacher and 
parent, par- 
ent may di- 
rect studies. 



But not so as 
between par- 
entfevnd board. 



The question 
involved in 
the decision. 



make all needful rules and regulations for the organization, gradation, 
and government of the school, and ^ ower to suspend any pupil from 
the privileges of the school for non-compliance with the rules estab- 
lished by them, or by the teacher, vpith their consent.' It does not 
appear, nor is it inferable, that the school board had made a rule 
requiring the boy to study geography, or had given their consent to 
the requirement of the teacher. 

"The question then was, whether the teacher had justifiable cause 
for whipping the boy. The Court held that she had not, and in the 
discussion, held that, on the facts in the case, the father had a right to 
direct as to the study of geography by his son. We see no occasion 
for difiering from the Court in that case. In the course of the opin- 
ion it is said : ' It is not proposed to throw any obstacle m the way of 
the performance of their duty' by the school board. Again, 'we do 
not propose to lay down any rule which will interfere with any reason- 
able regulation adopted for the management and government of the 
public schools, or which will operate against their ef&ciency and use- 
fulness. Certain studies arp required to be taught in the public 
schools by statute. The rights of one pupil must be so exercised 
undoubtedly as not to prejudice the equal rights of others. But the 
parent has the right to make a reasonable selection from the prescribed 
studies for his child to pursue, and this can not possibly conflict with 
the equal rights of other pupils. In the present case the parent did 
not insist that his child should take any study outside of the pre- 
scribed course. And how can it result disastrously to the proper dis- 
cipline, efficiency, and well being of the common schools to concede 
the paramount right to make a reasonable choice from the studies in 
the prescribed course which his •^hild shall pursue, is a proposition we 
cannot understand.' And this, as well as all that was said by the 
J«dge, is to be taken as said in a case where there was no rule as to 
the study of geography by the boy, except the personal arbitrary com- 
mand of the teacher. How this Court would decide in a case involv- 
ing the question of superiority of authority between the parent and 
the school board, as to the pursuit of a study required by the estab- 
lished rule of the board, we have now no occasion to announce or inti- 
timate. Nor had that court any such question before it." 1st Cindn- 
cinnati Law Bulletin, 325. 

(/). The duties of boards of education do not stop with prescribing 
the course of instruction in the mere text-books on the sciences. The 
State has an interest in the promotion of health and its preservation. 
Sickness not only occasions loss of time to wealth producers, but the 
outlay and waste of tlieir accumulations. She is still more interested 
in those moral conditions which promote order and contribute to th« 



SCHOOL OFFICERS GUIDE. 



113 



Schools, and Attendance Enforced. 



Ch. 9. 



^fter its adopti©n without the consent of three-fourths of all the 
members elected to the board, given at a regular meeting; and 



support of sentiments, habits, and social instrumentalities that render 
freedom possible and possessions and institutions safe and service- 
able. The laws of health, as also the laws of cause and efiect, as these 
relate to the requirements of health, of morality, of social order, and 
of individual happiness may be, and should be required to be taught 
in connection with reading lessons, with physiology, and with other 
sciences. The value to the individual in his relations to himself, his 
family, and to society ; of self-respect, of self-reliance, and self-con- 
trol ; of interest in the family name and i epute ; of industry, enter- 
prise, public spirit, truthfulness and justice, of purity in thought, word 
and act; of respect for law, human and divine; — all these may be 
taught by the general conduct of affairs, as well as by direct precept, 
by inferences from statements of laws and principles, and by occa- 
sional short and animated dissertations. Section 3985 puts upon the 
boards of education the duty of seeing that these most essential instru- 
ments for the formation of good character in the future citizen are 
properly and wisely utilized in the public schools. 

To the boards of education the State has primarily entrusted the 
responsibility of seeing that her teachers are grounded in a knowledge 
of all the dangers that beset her youth, and that they are disposed to 
arm these youth with the requisite knowledge, convictions, and res- 
olution to guard against these dangers. The effect of alcohol on the 
brain and nerves, its innate tendency, like all narcotic poisons, to 
enslave the appetite and lead to excess and ruin, should be clearly 
made known to every youth while in school. 

The statement of T. Clarke Miller, M. D., a member of the faculty 
of Cleveland Medical College, in a public lecture on school hygiene, is 
my authority for saying that the physicians of one European State are 
appalled by the frightful tendency of the young women of each gener- 
ation, in their country, to indulge earlier and earlier in the use of nar- 
cotics — of opium — and of the boys to seek earlier and earlier the use 
of tobacco and alcoholic drinks. These physicians attribute this 
growing tendency to the effects of heredity. Parents whose brain and 
nervous fiber are almost constantly under the influence of narcotizing 
substances are said by them to transmit those restless, nervous condi- 
tions to their offspring, which are only allayed by this early indulg- 
ence. 

Volumes were spoken in behalf of the effectiveness of Dr. Frank- 
lin's life, in the single sentence, "At his majority he had no bad hab- 
its to break up." If the habits of one generation are to affect, not 
only its own entire life, but the mental fiber of the next generation 
3,lso, the proper treatment of this subject among our youth is of more 
8 



What may be 
taught. 



Instruction 
as to habits 
and health. 



114 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



When Ger- 
man language 
to be taught, 
etc. 



Pupils may 
be sent from 
one district to 
another. 



all branches shall be taught in the English language. [70 v. 195,- 
§ 52.] 

Sec. 4021. The board of any district shall cause the German 
language to be taught in any school under its control, during any 
school year, when a demand therefor is made, in writing, by 
seventy-five freeholders resident of the district, representing not 
less than forty pupils who are entitled to attend such school, and 
who, in good faith, desire and intend to study the German and 
English languages together ; but such demand shall be made at a 
regular meeting of the board, and prior to the beginning of such 
school year; and any board may cause the German or other lan- 
guage to be taught in any school under its control, without such 
demand. [70 v. 195, § 52.] 

Seo. 4022. The board of any district may contract with the 
board of any other district for the admission of pupils into any 
school in such other district, on such terms as may be agreed 



Instruction 
in German. 



Not a transfer 



importance to individuals and to society than instruction in any other 
department of human science. 

Men who are opposed to so-called "sumptuary laws," and to dog- 
matic instruction in schools, still desire that their youth shall grow up 
well informed on what pertains to their interests, strong, pure, tem- 
peratie, promoters of good and not of evil. If there are exceptions to 
this rule among parents, all the more is the State, society, and each 
individual concerned to counteract such baleful influences. Should 
the schools ever be hampered in their endeavor to promote a healthy 
fiber, and a firm character, and to inspire those sentiments which lead 
to high and pui'e endeavor after a worthy and useful position among 
men, they will cease to be worthy of the respect and support of good 
citizens. 

Sec. 4021. (a). [The law plainly contemplates English schools, though 
it allows the teaching of other languages as such, and upon the perform- 
ance of certain named conditions requires the board to have the' 
German language taught. 

(6). Whileitis natural that persons of foreign hirth should desire their 
children to learn the tongue of the mother land, it is wise policy for 
the state to provide that all children in the jmblic schools shall learn 
the language of this country.] 

Sec. 4022. {a). This is, of course, in h'o sense a transfer of the child;; 
and as certainly not of his patents, to the ilistrict or sub-district in 
which he is permitted to attend school for pay. 

(6). The tuition agreed upon is to be paid on the proper order of the' 
clei'k of the board of education which sends the child,- tothe treasurer of 



SCHOOL OFFICERS GUIDE. 



115 



Schools, and Attendance Enforced. 



upon by such boards ; and the expense so incurred shall be paid 
out of the school funds of the district sending such pupils. [73 
V. 243, § 64.] 



ATTKNDANX'E E> FORCED. 



Ch. 9. 



Sec. 4023. lv»'ery paix'ut, guardian, or other person having children 
charge or control of any child between the ages of eight and four- ^hooh 



the district to which he is sent, — see last clause of section 4047 — and 
it is to be disbursed by the board of this district. Neither local direc- 
tors, individual members of the board of education, superintendents, 
nor teachers can retain or disburse it. ' 

(c). Such contracts are not authorized to be made by local vlirectors. 
As to pupils residing in one sub-district and seeking to attend school in 
other sub-districts, township boards "shall," as we have seen under 
section 4013, "make such assignment of the youth of their respective 
districts to the schools established by them, as will, in their opinion, 
best promote the interests of education in their districts." Under 
that section, there is, of course, no provision for paying tuition. Sec- 
tion 4017 puts "in the boards of education the management and con- 
trol of all the public schools of the district, subject only to the provi- 
sions of section 4018." Besides this, the local board has no control of 
money with which to pay such tuition. 

Indeed, according to a high legal authority in school matters, the 
local directors are, for the most part, the agents of their respective 
township boards, and that only in a few particulars. These are enum- 
erated in sections 3987, 4014, 4018, and 4019. 

(dj. Under the authority confeired bj' this section, boards of educa- 
tion may practically connect the township schools with the village 
schools,in case they are not, and cannot be joined under one management. 
If the records of the sub-district schools are kept, as they certainly should 
be kept, so as to shoAv the advancement of each pujDil in each study, 
and if these records were returned to the board of education or the 
chairman of its committee on schools, they would show in many sub- 
districts the presence of one, two, or more pupils who cannot be bene- 
fited in the primary schools. If there is no high school under the 
supervision of the township board, it should, if poss.ble, contract with 
the board of a convenient school of higher grade to admit such pupils. 
If the inducement were held out to pupils to earn such scholarships 
in the high schools, many pupils would be induced to study for such 
rewards, and the influence of the spirit thus engendered woii d be of 
great service to promote the general usefulness of the sub-district 
school. The presence of such pupils in the village schools, and the 
tuition paid therefor would be far from detrimental to such schools. 



Tuition to 
whom paid. 



Assignment 
of pupils. 



Local boards 
agents. 



May by con- 
tract send to 
village 
schools. 



116 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools, and Attendance Enforced. 



Unlawful to 
employ 
children who 
have not 
attended 
school. 



Board to as- 
certain condi- 
tion childjcn 
not at school. 



teen years, shall be required to send such child to a common 
school for at less twelve weeks in each school year, at least six 
weeks of which shall be consecutive, unless the board of education, 
or the board of directors, as the case may be, having control of the 
school district or sub-district in which such parent or guardian 
resides, excuse such child from attendance, when it appears to the 
satisfaction of such board that the child's bodily or mental condi- 
ti®n is such as to prevent its attendance at school, or application to 
study, for the time required, or that its time and labor are essen- 
tially necessary for the support of an indigent parent, brother, or 
sister, or that it is being otherwise furnished with the means of 
education for a like period of time, or has already acquired branches 
of learning ordiliarily taught in common schools ; but if the common 
school of the district or sub-district in which such parent or 
guardian resides is distant two miles from his residence by the 
nearest traveled road, he shall not be liable to the provisions of 
this section, and the subsequent sections of this chapter. 74 v. 
57, §1.] 

Sec. 4024. No manufacturer, owner of mills or mines, agent, 
overseer, contractor, landlord, or other person, shall employ any 
child under fourteen years of age during the established school 
hours of the locality, who has resided in this state during the 
school year next preceding the commencement of such employment, 
and is under the control of a parent or guardian, and is not depen- 
dent upon its OAvn resources for support, unless such child has 
attended some common or private school for the term of at least 
twelve weeks during the school year next preceding the commence- 
ment of such employment, and delivers to its employer a certificate 
of that fact from the clerk of a board of education, or the clerk of 
a board of directors, or the teacher of the school which it attended ; 
nor shall such employment continue for a longer period than forty 
weeks during any school year from the time this act takes effect, 
unless such child deliver to such employer a certificate of excuse 
from the proper authority, fur any of the reasons mentioned in the 
preceding section. [74 v. 57, § 2.] 

Sec. 4025. Each board of education shall ascertain, on the 
second Monday of February and the second Monday of Se2:)tem- 
ber, or within fifteen days thereafter, each year, in such manner 
as it may deem most expedient, the condition of all children under 



SCHOOL OFFICERS GUIDE. 



117 



Schools, and Attendance Enforced. 



Ch. 9. 



fourteen years of age within its jurisdiction employed at any daily 
labor, or who are not in attendance at any common or private 
school, and shall report all violations of this chapter to its clerk, 
Avho shall at once proceed to prosecute each and every such offense. 
[74 V. 57, ^3.] 

Sec. 4026. If it be shown to the satisfaction of the board of 
education that the parent or guardian has not the means where- 
with to purchase for his child or children the necessary school- 
books to enable him to comply Avith the requirements of this 
chapter, the board may furnish the same, free of charge, to be 
paid for out of the contingent fund at the disposal of the board. 
[74v. 57, §4.] 

Sec. 4027. A parent, guardian, or other person, who fails to 
comply with the provisions of this chapter, shall be liable to a fine 
of not less than two nor more than five dollars for the first offense, 
nor less than five nor more than ten dollars for each subsequent 
offense ; such fine shall be collected by the clerk of the board of 
education, in the name of the state, in an action before any court 
having competent jurisdiction; and the money so collected by 
each clerk shall be paid to the county treasurer, and be applied to 
the use of the common schools of his district. [74 v. 57, § 5.] 

Sec. 4028. The clerk of the board of education shall prosecute 
every offense against the provisions of this chapter, when a mem- 
ber of the board of education, or any tax-payer, of the district in 
which the offending party resides, files with him an affidavit setting 
forth the facts which constitute the offense ; and if he neglect to 
do so within fifteen days after such affidavit is filed, he shall be 
liable to a fine of not less than ten nor more than twenty dollars 
for each case of such neglect, to be collected in the name of the 
state, in an action before any court of competent jurisdiction, by 
any person feeling aggrieved thereby. [74 v. 57, ^6.] 

Sec. 4029. Two weeks' attendance at half-time or night school, 
shall be considered, within the meaning of this chapter, equivalent 
to an attendance of one week at a day school. [74 v. 57, § 7.] 



When board 
may supply 
pupil with 
books. 



Penalties 
against viola- 
tion of pre- 
ceding pro- 
visions. 



Clerks must 
prosecute. 



What is equi- 
valent to at- 
tendance on 
day school. 



Sec. 4027. Boys under twelve years of age, and minors betAveen the 
ages of twelve and sixteen who cannot read and write, are prohibited 
from being employed to work in any mine in this state. The agent of 
the mine is required to see that the law is not violated in this respect. 
See section 302 R. S. For penalty for violation of this laAV, see section 
303, E. S. 



Employment 
of youth in 
mines. 



118 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer, and Clerk. 



CHAPTER 10. 
ENUMERATION, TREASURER AND CLERK. 



Section 

4030. Yearly enumeration of youth 

to be taken. 

4031. Qualification and pay of those 

taking the same. 

4032. Clerk, except in township dis- 

tricts, to employ person to 
take it. 

4033. Clerk of board of directors to 

take it in sub-districts. 

4034. Enumeration in joint sub-dis- 

tricts. 

4035. Clerk to transmit abstract to 

county auditor. 

4036. "When the clerk fails, auditor 

to act. 

4037. "When county line divides ori- 

ginal surveyed townshiip. 

4038. When enumeration not taken, 

district not entitled to school 
funds. 

4039. Auditor to furnish abstract to 

state commissioner. 

4040. Duty of state commissioner 

when enumeration excessive 
etc. 

4041. Penalty for making fradulent 

returns. 

4042. "Who to be treasurer of school 

funds. 



Section 

4043. Bond of treasurer, and duties of 

board in reference thereto. 
Annual settlement by treasurer 

with county auditor. 
Penalty for failure to make such 

settlement. 
Treasurer to report balances to 

board. 
"When treasurer may receive or 

pay money. 
Maximum amount of funds 

whicli treasurer may hold. 
Treasurer to deliver money, etc. 

to successor. 
Bond of clerk. 

"When orders of clerk for teach- 
er's pay illegal. 
Duties of clerk as to statistics, 

etc. 
Publication of receipts and dis- 
bursements by clerk. 
Clerk to deliver books etc., to 

successor. 
How treasurer and clerk to keep 

account. 
Compensation of treaurer and 

clerk. 



4044. 
4045. 



4046. 
4047. 



4048. 
4049. 



4050, 
4051, 



4052. 
4053. 



4054. 
4055. 



4056. 



Yearly enum- 
eration of 
youth to be 
taken. 



ENUMEEATION. 

Section 4030. There shall be taken in each district, annually, 
bet"ween the first Monday in September and first Monday in 
October, an enumeration of all unmarried youth, noting race and 
sex, between six and twenty-one years of age, resident within the 
district, and not temporarily there, designating also the number 
between sixteen and twenty-one years of age, the number residing 



Who should 
be enumer- 
ated. 



Sec. 4030 (a). [The annual enumeration should include all unmar- 
ried youth between the ages of six and twenty-one years, who at the 
time of taking such enumeration, actually du'e/^ or have their /lojneinthe 
district, whether such youth constitute a part of the familj^ of their 
parents or guardians, or are, in good faith and for a continuance of 
time, hired to labor or service in a family actually residing in such dis- 
trict. The fact that a youth is living in a resident family not tempo- 
rarily, but is treated and regarded as apart of such family, makes such 
youth a resident. 

{h.) If, however, a youth is staying temporarily in a district as a 
hoarder or visitor, or is a member of a family temporarily in the district 
and whose actual residence is in another district such youth can not be 
legally enumerated. But the temporary residence of a family in a dis- 
trict, if such family have at the time no other residence, does not ex- 



SCHOOL OFFICERS GUIDE. 



119 



Enumeiation, Treasurer, and Clerk. 



Ch. 10. 



jn the Western Reserve, the Virginia Military District, the United 
States Military District, and in any original surveyed township or 
fractional township to which belongs section sixteen, or other land 
in lieu threof, or any other lands for the use of public schools, or 
^ny interest in the proceeds of such lands. [71 v. 15, § 77.] 

Sec. -i031. Each person required or employed under this 
chapter to take such enumeration shall take an oath or affirmation 
to take the same accurately and truly to the best of his skill and 
ability. When making return thereof to the proper officers, he 
shall accompany the same with a list of the names of all the youth 
so enumerated, noting the age of each, and with his affidavit duly 
certified that he has taken and returned the enumeration accurately 
and truly to the best of his knowledge and belief, and that such 
list contains the names of all the youth so enumerated and none 
others. The officer to whom such return is required to be made, 
may administer such oath or affirmation and take and certify such 
affidavit, and shall keep in his office for the period of five years 
such report and list of names, and each person so taking and re- 
turning the enumeration shall be allowed by the proper board of 
edu( ation reasonable compensation for his services, which in sub- 
districts shall not exceed two dollars for each person authorized, 
required or appointed to perform the service. [71 v. 15, § 77; 80 
V. 192.] 

Sec. 4032. The clerk of the board of education of each dis- 
trict, other than township districts, shall employ a sufficient num- 
ber of competent persons to take and return to him the enumera- 
tion of his district, in the manner prescribed in this chapter. [70 
V. 195, § 78.] 

Sec. 4033. The director who is clerk in each sub-district shall 
take, or cause to be taken, annually, according to the jirovisions 

elude the children actually living in and belonging to such family from 
the enumeration. 

(c.) A youth can be legally enumerated in but one district, and that 
is the distri«'t in which he actually resides. 

{d. ) All children that may legally included in the annual enumeration 
of any school district, are entitled to attend the school in such dis- 
trict,] and in no other except as provided in sections 4008, 4010, 4011, 
and 4013. * 

Sec 4033. [The clerk of the sub-district is entitled to pay for taking 
and returning the enumeration, but such pay must not exceed two 
dollars.] 



How enumer- 
ation of 
youth taken. 



Compensa- 
tion lor same. 



Clerk, except 
in township 
districts, to 
employ per- 
sons to take 
it. 



Clerk of board 
of directors to 
take it in sub- 
districts. 



120 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer, and Clerk. 



of this chapter, between the first and the third Monday in Septem- 
ber, an enumeration of youth resident within his sub-district, and 
return a certified copy thereof to the clerk of the township board 
of education ; if any such director fail to perform such duty, the 
clerk of the township board shall employ a competent person to 
take and return the enumeration, give him an order on the 
treasurer of the board for his compensation, payable from the con^ 
tingent fund, and proceed to recover the amount so paid, in a civil 
action, before any court having jurisdiction of the matter, in the 
name of the state, against such director ; and the money so col- 
lected shall be paid to the treasurer of the board, and credited to 
the contingent fund ; but in a township district which is not divided 
into sub-districts, the president of the board shall take and return 
the numeration or cause the same to be done. [70 v. 195, § 33.] 
Sec. 4034. The enumeration of a joint sub-district shall be 
taken by the clerk of the board of directors, who shall ti'ansmit a 
certified copy thereof to the clerk of the board of education of the 
district in which the school house of the sub-district is situate, and 
designate therein the number of youth residing in the respective 



Enumeration 
in joint sub- 
districts. 



Inaccurate 
returns. 



Board may 
correct re- 
turns. 



Sec. 4034. Notwithstanding that the enumerator is required by 
section 4031 to swear or affirm that he will perform his duty "accur- 
ately and truly," and to make solemn oath, on making his return, that 
he has so performed it, there is not unfrequently the saddest evidence 
that the work is not accurately done. The board, though not directly 
responsible, has the same interest in securing the proper execution of 
this law as any other persons in the State. The legislature has en- 
trusted the duty to one of the officers of the board, over whose acts 
it has such general control, that the dereliction of this officer reflects 
upon the judgment and general management of the board itself. The 
fact that section 4040 provides that the state commissioner of com- 
mon schools may, in certain cases, require the enumeration to be 
retaken, does not excuse the board of education from exercising such 
a wise supervision over those acts of its officers and their employes^ 
which concern the interests of the district. It is to be considered that 
many thousands of these returns reach the office of the commissioner. 
As they do not arrive until the county auditor has found time to con- 
solidate them, and as this last officer is often compelled to write to 
township clerks and others for information regarding seeming dis- 
crepancies, before he can act, they often fail to reach the commissioner 
until it is time for him to report to the auditor of state. Besides this, 
if the commissioner finds reason to suspect the returns of any dis-' 



SCHOOL OFFICERS GUIDE. 



121 



Enumeration, Treasurer, and Clerk. 



Ch. 10. 



fractions of townships of which the sub-district is composed ; and 
if such sub-district is composed of parts of two or more counties, 
the clerk to whom the return is made shall transmit a certified 
copy thereof to the auditor of each county having territory within 
the sub-district. [70 v. 195, § 34; 71 v. 15, § 77; 72 v. 63, § 
36.] 

Sec. 4085. The clerk of each board shall, annually, on or 
before the second Monday of October, make, and transmit to the 
county auditor, an abstract of the enumeration by this chapter 
required to be returned to him, according to the form prescribed 
by the commissioner of common schools, with an oath or affirma- 
tion indorsed thereon that it is a correct abstract .of the returns 
made to him under oath or affirmation ; and the oath or affirma- 
tion of the clerk may be administered and certified by any mem- 
ber of the board of education, or by the county auditor. [70 v. 
195, § 79.] 

Sec. 4036. If the clerk of any district fail to transmit such 
abstract of enumeration on or before the second Monday of Octo- 
ber, the auditor shall at once demand the same from such clerk ; 
and in case the enumeration has not been taken as required by 
this chapter, or the abstract required be not furnished without 
delay, the auditor shall employ competent persons to take such 
enumeration, who shall be subject to the legal requirements 
already specified, except that the returns shall be made directly to 
the auditor, who may administer to each person employed the oath 
or affirmation required ; and the auditor shall allow the persons 
employed by him a reasonable compensation, to be paid out of the 



Clerk to trans- 
mit abstract 
to county 
auditor. 



When the 
clerk fails 
auditor to act 



trict, it requires so much time to ascertain whether or not the popula- 
tion of the district has been affected by rapid growth, or by enlarge- 
ment of boundaries, that his corrections could seldom find their way 
to the auditor of state in time to do any practical good. 

The fact that boards of education in all parts of the State do 
exercise the right to suspect returns, and, on careful inquiry, to advise 
and pay for re-enumerations, is evidence of the official opinion that 
largely prevails on the subject. 

In case, however, any board of education determines that the 
wide discretion reposed in it by the law does not authorize it to advise 
a re-enumeration and pay for it, it is of the greatest importance that it 
should early put the commissioner in possession of suspicious facts 
regarding it. 



The common 
practice. 



"When report 
to commis- 
sioner. 



122 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer, and Clerk. 



When county 
line divides 
original sur- 
veyed town- 
ship. 



When enu- 
meration not 
taken, district 
not entitled 
to school 
funds. 



Auditor to 
furnish ab- 
stract to state 
commis- 
sioner. 



general county fund, and shall proceed to recover the amounts so 
paid, in a civil action, before any court having competent juris- 
diction, in the name of the state, against such clerk, on his bond, 
and the amount so collected shall be paid into the general county 
fund. [70 V. 195, § 80.] 

Sec. 4037. If parts of an original surveyed township or frac- 
tional township are si^tuate in two counties, the auditor of the 
county in which the smallest part is situate shall, so soon as the 
abstracts of enumeration are received by him from the clerks of 
the boards of education, certify to the auditor of the county in 
which the largest part is situate the enumeration of youth residing 
in the part of the township situate in his county ; if parts of such 
township or fractional township are situate in more than two c6un- 
ties, like certificates of enumeration shall be transmitted to the 
auditor of the county containing the greatest relative portion of 
such township, by the auditors of the other counties containing 
portions thereof; when it is uncertain which county contains the 
greatest relative portion of such township, such certificates shall 
be transmitted to the auditor of the oldest county, by the other 
auditor or auditors ; and if the land granted by congress to such 
township or fractional township for the support of public schools 
has .been sold, the auditor to whom such certificates are transmit- 
ted shall notify the auditor of state, without delay, that such enu- 
meration has been certified to him. [70 v. 195, §§121, 130.] 

Sec. 4038. If an enumeration of the youth of a district be 
not taken and returned in any year, such district shall not be enti- 
tled to receive any portion of the school funds distributable in that 
year on the basis of enumeration ; and if such loss to a district 
occur through the failure of the clerk of the board of education 
of the district to perform the duty required of him by either sec- 
tion /ortv hundred and thirty-hvo, or forty hundred and thirty-five, he 
shall be liable to the district for the loss, which may be recovered 
in an action in the name of the state ; and the money so recovered 
shall be paid into the county treasury, and apportioned in the same 
manner as the school funds so lost would have been apportioned. 
[70 V. 195, §§ 120, 124.] 

Sec. 4039. The auditor of each county shall make, and trans- 
mit to the state commissioner of common schools, on or before the 
fifth day of November in each year, on blanks to be furnished by 



SCHOOL officers' GUIDE. 



123 . 



Enumeration, Treasurer, and Clerk. 



Ch. 10. 



i;he commissioner, an abstract of the enumeration returns made to 
him, duly certified. [70 v. 195, § 81.] 

Sec. 4040. When the state commissioner of common schools, 
on examination of th(>, enumeration returns of any district, is of 
opinion that the enumeration is excessive in number, or in any 
other way incorrect, he may require the same to be retaken and 
returned, and if he think it necessary he may for this purpose 
appoint persons to perform the service, who shall take the same 
oath, perform the same duties, and receive the same compensation, 
out of the same funds, as the person or persons who took the enu- 
meration in the first instance, and the school fund distributable in 
proportion to enumeration shall be distributed upon the corrected 
returns. [70 v. 195, § 75.] 

Sec. 4041. An officer through whose hands the enumeration 
required by this chapter to be returned passes, who, by percentage 
or otherwise, adds to or takes from the number actually enumer- 
ated, shall be deemed guilty of a misdemeanor, and, upon convic- 
tion of such offense, shall be fined in any sum not less than five 
nor more than one thousand dollars, or imprisoned in the county 
jail not less than ten nor more than thirty days, at the discretion 
of the court. [70 v. 195, § 75.] 



Duty of state 
commission- 
er when enu- 
meration ex- 
cessive, etc. 



Penalty for 
making 
fraudulent re- 
turns. 



TREASURER AND CLERK. 

Sec. 4042. In each city district the treasurer of the city funds 
shall be ex-officio treasurer of the school funds ; but if the county 
treasurer is treasurer of the city funds, the board of education 
may appoint one of its members treasurer, who shall not receive 
any compensation for his services ; in each township district the 
treasurer of the township funds shall be ex-oflScio treasurer of 
the school funds ; and in each village and special district the 
board of education shall choose its own treasurer. [70 v. 241, § 
44.] 

Sec. 4043. Each school district treasurer, or county treasurer 
who is ex-officio treasurer of a school district, shall, before enter- 
ing upon the duties of his office, execute a bond, with sufficient 

Sec. 4043 (a). [And this whether the treasurer is elected by the 
board or is serving ex-officio. He must give bond as treasurer of the 
-school funds, though he may have already filed a bond as township, 
•city, or county treasurer. 



Who to be 
treasurer of 
school funds. 



Treasurer to 
give bond, 
and produce 
funds to be 
counted and 
examined. 



124 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer, and Clerk. 



surety, in double the probable amount of school funds that may 
come into his hands, payable to the state of Ohio, to be approved 
by the board of education, conditioned for the faithful disburse- 
ment, according to law, of all such funds which come into his 
hands; such bond, when so executed and approved, shall be filed 
with the clerk of the board of education of the district, who shall 



Treasurer's 
bond. 



Record ol 
bond. 



Bond must be 
filed; failure 
to do so. 



Release ol 
surety. 



New bond. 



In no case should the clerk neglect to send to the county auditor this 
certified copy of the treasurer's bond, as the auditor is forbidden to 
give a treasurer an order on the county treasurer for a sum which at 
any time will make the amount in such treasurer's hands over one- 
half of the penalty of his bond.] See also sections 1047 and 4648, R. S. 

(b). Sec. 5. Every officer, on receiving an official bond which by 
law is required to be filed or deposited with him, shall immediately, 
on receiving such bond, record the same in a book to be kept by him 
for that purpose ; and a certified transcript of the record of any such 
bond shall be taken and held, in all courts and places, as conclusive 
evidence of such record, and prima facie evidence of the execution 
and existence of such bond. [41 v. 13, ^1.] 

(o). Sec. 19. Any person elected or appointed to an office of whom 
bond or security is by law required previous to the performance of the 
duties imposed on him by his office, who refuses or neglects to give 
such bond, or find such security, agreeably to, and within the time for 
that purpose prescribed by law, and in 'all respects to qualify himself 
for the performance of such duties, shall be deemed to have refused 
to accept the office to which he was elected or appointed, and the same 
shall be considered vacant, and be filled as provided by law. [29 v.406,H-]; 

{d). Sec. 5841. A surety of the treasurer of school funds, in any 
school district organized under the provisions of law, may at any time 
notify the board of education of the proper district, by giving at least 
five days' notice, in writing, that he is unwilling to continue as surety 
for such treasurer, and will, at a time therein named, make application 
to the board of education to be released from further liability uj)on his 
bond ; and he shall also give at least three days' notice, in writing, tO' 
such treasurer, of the time and place at which the application will be 
made. [70 v. 195, ? 48.] 

(e). Sec. 5842. The board of education, upon such notice being given, 
shall hear the application, and if, in their opinion, there is good reason 
therefor, shall require the treasurer to give a new bond, conditioned 
according to law, and to the satisfaction of the board, within such time 
as they may direct ; and if the treasurer fail to execute such bond, the- 
office shall be deemed to be vacant, and shall be immediately filled as 
other vacancies therein ; but such original sureties shall not be re- 
leased or discharged until the filing of the new bond, or the expiratiorti 



SCHOOL OFFICERS GUIDE. 



125 



Enumeration, Treasurer, and Clerk. 



Oh. 10. 



cause a certified copy thereof to be filed with the county auditor 
without delay ; and such board, at the time of the approval of 
such bond, shall require the treasurer of the school funds to pro- 
duce all money, bonds or other securities in his hands as such 
treasurer, and the same shall be then counted by the board, or a 
committee thereof, in the presence of the clerk of the board, who 
shall thereupon enter upon the records of the board a certificate, 
setting forth the exact amount of money or securities so found in 
the hands of such treasurer, which record shall be signed by the 
president and clerk of the board, and shall be prima facie evidence 
that the amount therein stated was actually in the treasury at that 
date. [70 V. 195, §§ 46, 82 ; 76 v. 16, §1.] 



of the time allowed therefor ; and the cost of such application shall be 
■paid by the person making the same. [70 v. 195, 2 8.] 

(/). In an action against a surety on a township treasurer's school 
bond, conditioned for the faithful disbursement of school moneys, a 
judgment for defendant will not be reversed, when the pleadings and 
evidence show a default by the treasurer only as to "township funds" 
in general items, without specifying that any part thereof was school 
money. The State v. Corey, 16 0. S. 17. 

(g). Township trustees have no authority to release a treasurer from 
his liability for any portion of the school fund belonging to the town- 
ship. State V. Williams, 13 0. 495. 

(h). Bonds must be accepted within a reasonable time. 31 0. S. 
451. 

(^). Section 6841 provides heavy penalties for any officer who loans 
or deposits money belonging to the public. See Appendix. 

But section 21 provides that the illegalitj^ of the act of loaning such 
money shall be no hindrance to bringing suit for it: 

(j) Treasurer's books and accounts are always subject to inspection 
by the trustees, who shall— see section 1511 — at least once each year, 
make a thorough examination of the same. 

{k) A treasurer who is his own successor must give a new bond for 
the term to which he is re-elected. His former bondsmen will not be 
liable for defaults committed within the term for which he is re-elected. 
Their liability ceased with the expiration of his former term of office. 
See 7 0., 2d pt., 221, or 4 Western Law Monthly. In case the treas- 
urer of a city district fails to give bond, his office may be declared 
vacant by the city council. See sec. 1740, R. S. Should a treasurer 
■ present his bond after the time prescribed tor tendering it, and should 
such bond be accepted, it would undoubtedly be held good. See 25 
O. S. 567. 



Default by 
treasurer. 



Loan of pub- 
lic money. 



Inspection of 

treasurer's 

books. 



New bond in 
case of re-elec- 
tion. 



City districts. 

Time elapsed 
for filing. 



126 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer, and Clerk. 



Annual set- 
tlement by 
treasurerwith 
county audit- 
or. 



Penalty for 
failure to 
make such 
settlement. 



Treasurer to 
report bal- 
ances to 
board. 



Sec. 4044. The treasurer shall, annually, between the first 
and tenth day of September, settle with the county auditor for 
the preceding school year, and for that purpose shall present a cer- 
tified statement showing the amount of money received, from 
whom, and on Avhat account, and the amount paid out, and for 
what purpo:?es ; he shall produce vouchers for all payments made ; 
and if the auditor, on examination, find the statement and vouch- 
ers to be correct, he shall give the treasurer a certificate of that 
fact, which shall, prima facie, be a discharge of the treasurer for 
the money paid ; and for making such settlement he shall be enti- 
tled to receive the sum of one dollar, and also five cents per mile 
for traveling to and from the county seat, to be paid out of the 
county treasury, on the order of the county auditor. [71 v. 9, 

Sec. 4045. If the treasurer of any school district willfully or 
negligently fail to make such annual settlement within the time- 
prescribed in the preceding section, he shall be liable to pay a fine 
of fifty dollars, to be recovered in a civil action in the name o 
the state ; which amount, when collected, shall be paid into the 
county treasury, and shall be applied to the use of common schools 
in his district ; and the county auditor shall proceed forthwith, in 
case of such failure, to recover the penalty, by suit against such 
treasurer, before any justice of the peace of the county. [71 v. 

9, §47-] 

Sec. 4046. The treasurer shall report to the board of educa- 
tion, within ten days after his settlement with the county auditor, 



Auditor's 
power and 
duty. 



Sec. 4044 (a). [If it is evident to the county auditor that the school 
moneys have been illegally paid out, as they would be if paid to any 
member of a board of education on any contract with such board, or 
as an employe thereof, it is his duty to refuse the treasurer credit for 
the same. If moneys have been paid from the wrong fund, as from 
the school fund, when the law says it must be township fund, the 
auditor must not allow credit to such orders. He should insist on 
their correction by the board, or correct them himself by proper debit 
and credit.] 

{b). No voucher should be received by the auditor which he has 
reason to believe a court of law would reject. No paper is a voucher 
for the payment of money to A, which has not A's receipt on it, or 
accompanying it. An order properly made out, but merely marked 
"paid " by the treasurer, is not a receipt. See section 4047. 



SCHOOL OFFICERS GUJDE. 



127 



Enumeration, Treasurer, and Clerk. 



Ch. 10. 



the amount of money in his hands for school purposes, and the 
amount belonging to each fund. [70 v. 195, § 46.] 

Sec. 4047. No treasurer of a school district, except in cases 
otherwise provided for in this title, shall pay out any school 
money except on an order signed by the president and counter- 
signed by the clerk of the board of education ; and no money shall 
be paid to the treasurer of a district, other than that received from 
the county treasurer, except upon the order of the clerk of the 
board, who shall report the amount of such miscellaneous receipts 
to the county auditor each year, immediately preceding such treas- 
urer's settlement with the auditor. [71 v. 15, § 83 ] 

Sec. 4048. The auditor shall in no case permit the treasurer 
of a school district to have in his hands, at any time, an amount 

Sec. 4047 (a). [The case "otherwise provided for" is the payment 
of teachers in the sub-disti'icts on the order of the directors. Section 
4018.] 

[b). The treasurer should not pay an onler for what he believes to 
be an illegal object, until he can consult with other members of the 
board, and have the question fully invt-stigated. A man of discretion 
is supposed to be chosen to this, as to other offices, that the chances 
for discovering errors and frauds may be multiplied. 

(c). Wages of a teacher cannot be attached in the hands of the 
treasurer. 54 Georgia, 108 ; 39 Mich., 484. 

(d). Sec. 6846. A member of the council or board of aldermen of 
any municipal corporation, or an officer, agent, clerk, or servant of 
such corporation, or of any board or department thereof, or an officer, 
agent, clerk, or servant of any board of education, who, knowingly, 
diverts, apjDropriates, or applies any funds, or a i^art of any fund, 
raised under any law, by taxation or otherwise, to any other use or 
purpose than that for which it was raised or appropriated, or who, 
knowingly, diverts, appropriates, or applies, any money borrowed, or 
any bond of the corporation, or any part of the proceeds of such 
bond, to any other use or purpose than that for whicli such loan was 
made, or bond issued, shall be deemed guilty of embezzling the 
amount so diverted, appropriated, or upplied, and punished accord- 
ingly. [66 V. 263, ? 671 ; 73 v. 116, i 1.] 

{e). Sec. 6847. Whoever, being intrusted with the care, custody, 
or control, of any property of the state, or of any county, township, 
or municipal corpoi ation, sells or disposes of the same, for his own 
use, with intent to defraud, is guilty of embezzlement, and shall be 
punished accordingly. [69 v. 193, ^2.] 

Sec. 4048 (o). The county auditor is, by section 1047, R. S., required 



When treas- 
urer may re- 
ceive or pay 
money. 



Maximum 
amount of 
funds whicli 
treasurer may 
hold. 

Exception. 



Treasurer's 
discretion. 



Attachment 
of wages. 

Embezzle- 
ment by mu- 
nicipal and 
school offic- 
ers. 



Selling 

public proper- 
ty to defraud. 



128 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer, and Clerk. 



Treasurer to 
deliver 
money, etc,, 
to successor. 



of school funds over one-half the amount of the penalty in the 
bond of the treasurer ; and before giving such treasurer any order 
for school funds, he shall require the treasurer to file with him a 
statement, to be furnished by the clerk of the board of education 
whenever necessary for the purpose, showing the amount of funds 
in the treasurer's hands according to the clerk's books. [70 v. 
196, § 84.] 

Sec. 4049. At the exjiiration of his term of service each treas- 
urer shall deliver to his successor in office all books, papers, 
money, and other property in his hands belonging to his district, 



Auditor's ac- 
count witti 
districts. 



Money left in 
county treas- 



ury. 



to open an account with each school district in the county. For con- 
dition on which warrant is given the treasurer of any school district, 
see same section. 

(b). By reference to section 1122, K. S., it will be seen that when 
desired, the school funds may be permitted to remain in the county 
treasury, in which case they may be drawn out by the school treasurer 
in sums not less than one hundred dollars. Sed also sec. 1123, E. 8. 

Sec 4049 (a). Sec. 6975 R. S. provides that "a member of a board of 
education, organized under any law of this state, wdio accepts or receives 
any compensation for his services as such member, except as clerk or 
treasurer of such board, shall be deemed guilty of embezzlenaent of the 
amount so received, and punished accordingly." [70 v. 214, § 67.] 

(6). Sec. 7299. Any failure or refusal to pay over, or to produce 
the public money, or any part thereof, by an officer or other person 
charged with the collection, receipt, transfer, disbursement, or safe 
keeping of the public money, or any part thereof, whether belonging 
to the state, or to any county, tow'nship, municipal corporation, or 
board of education in this state, or any other public money whatever, 
or to account to, or to make settlement with, anj^ proper and legal au- 
thority, of the official accounts of such officer or person, shall be held 
and taken as prima facie evidence of the embezzlement thereof, and 
upon the trial of any such officer or person for the embezzlement of 
public money under section 6841, it shall be sufficient evidence, for the 
purpose of showing a balance against him, to produce a transcript from 
the books of tlie auditor of state, or the auditor of the county, or the 
records of the commissioners of the county ; and the refusal of any 
such officer or person, whether in or out of office, to pay any draft, 
order, or warrant drawn upon him, by the proper officer, for any pub- 
lic money in his hands, no matter in what capacity the same was re- 
ceived or is held by him, or any refusal, by any person or public 
officer, to pay over to his successor any public money or securities 
pi'omptly, on the legal requirement of any authorized officer of the 
state or county, shall be taken on the trial of an indictment against 



SCHOOL OFFICERS GUmE. 



129 



Enumeration, Treasurer, and Clerk. 



Ch. 10. 



and also all orders redeemed by him since his last settlement with 
the county auditor, and take duplicate receipts of his successor 
therefor, one of which he shall deposit with the clerk of the board 
of education within ten days thereafter. [71 v. 9, § 47.] 

Sec. 4050. The clerk of each board of education shall execute 
a bond, in an amount and with surety to be approved by the 
board, payable to the state of Ohio, conditioned that he shall 
perform faithfully all the official dvities required of him; which 
bond shall be deposited with the president of the board, and a 
copy thereof, certified by the president of the board, shall be filed 
with the county auditor. [70 v. 195, § 45.] 

Sec. 4051. It shall be unlawful for the clerk of a board to 
draw an order on the treasurer for the payment of a teacher for 
services until the teacher files with him such reports as are required 
by the state commissioner of common schools and the board of 
education, a legal certificate of qualification, or a true copy thereof, 
covering the entire time of the service, and a statement of the 



Bond of clerk. 



When orders 
of clerk for 
teachers' pay 
illegal. 



him for embezzlement as prima facie evidence of such embezzlement. 
[55 V. 44, ? 15.] 

Sec. 4050. See sections 19 and 5841 Ee vised Statutes, as quoted 
under section 4043. 

Sec. 4051. {a). The provisions in the act of March 18, 1864 (61 v. 
31), that no person shall be employed as a teacher unless he has first 
obtained the certificate required by law, does not render invalid a con- 
tract for employment made with the teacher before he obtains the 
requisite certificate, provided he obtain it before entering upon the 
duties of his employment. School District v. Dilman, 22 O. S. 194. 

teachers' ordeks. 

(&). [Township boards have not the power to authorize the giving or 
refusing of orders for teachers' pay, and such orders need not be signed 
by the president unless the teacher be in the immediate employ of the 
township board, as, for instance, the teacher of a township high school. 

(c). If an order is drawn for the illegal payment of a teacher, the 
remedy of the board is a writ of injunction. 

(d). Each of these three documents must be carefully filed by the 
clerk and handed over to his successor in ofi&ce. 

(e). An assistant teacher who has not a legal certificate .can not be 
paid through an order drawn in favor of another teacher who had a 
certificate, nor can any uncertificated teacher, who is employed as a 
substitute, receive pay through another teacher. Section 4074 provides 
that "no person shall be employed as a teacher" who has not a legal 

9 



Contract with 
uncertificated 
teacher, when 
valid. 



Issuing 
orders. 



Payment of 
uncertificated' 
assistant or 
substitute. 



130 



OHIO SCHOOL LAWS. 



Ch. 10. 



Enumeration, Treasurer, and Clerk. 



Duties of 
clerk as to 
statistics, etc. 



Publication 
of receipts 
and disburse- 
ments by 
clerk. 



branches taught; but orders may be drawn for the payment of 
special teachers of drawing, painting, penmanship, music, gym- 
nastics, or a foreign language, on presentation of a certificate to 
the clerk, signed by a majority of the examiners, and the filing 
with him of a true copy thereof, covering the time for which the 
special teacher has been employed, and the speciality taught. [70 
V. 195, §§ 53, 94] 

Sec. 4052. The clerk of each board shall prepare the annual 
report of the receipts and expenditures of school money, and the 
statistical statement in reference to the schools, required of the 
board by section forty hundred and fifty-seven, and transmit the 
same to the county auditor on or before the first day of October in 
each year. [70 v. 195, § 82.] 

Sec. 4053. The board of education of each district, except 
city districts of the first class, shall require the clerk of the board 
annually, ten days prior to the election for members of the board 
and directors of sub-districts, to prepare, and post at the place or 
places of holding such elections, or publish in some newspaper of 



Orders not 
negotiable. 



Order ac- 
cepted by pre- 
decessor. 



Order illeg- 
ally issued. 



Acceptance of 
orders. 



certificate. It is the duty of the township clerk to refuse to draw an 
order for the payment of money from the school fund when he has no 
satisfactory evidence that any portion of such money is to be used for 
the payment of a teacher not holding a legal certificate. A legal cer- 
tificate must cover the entb^e time of the teacher's service ; must specify 
all the branches taught, and can neither directly nor indirectly be 
made to legalize another teacher's services.] 

(/). An order drawn by the clerk of the board of education, under 
the statute, in favor of a third person or bearer, on the township treas- 
urer, is not negotiable, and a purchaser takes such order subject to the 
same defenses that could be made against it in the hands of the payee. 
The State ex rel. Steinbeck, et al. v. Treasurer of Liberty Township. 22 
0. S.,144. 

The written acceptance of such order by the predecessor of the town- 
ship treasurer, to whom it was presented for payment, imposes no 
greater obligation on the latter to pay the same, than he would have 
been under had it been presented without such acceptance. lb. 

{g). If an order has been illegally issued, the board of education 
should recall it, and in case of refusal to return, they should enter a 
suit in equity to recover it or have it cancelled. 

{h). If a school treasurer indorses an acceptance of an order drawn 
on him, he is obliged thereby to retain proper funds to meet it. But 
this even is not permissible, unless the order itself is unimpeachable. 
50 Mo., 425. 



SCHOOL OFFICEES GUIDE. 



131 



Enumeration, Treasurer, and Clerk. 



Ch. 10. 



general circulation in the district, an itemized statement of all 
money received and disbursed by the treasurer of the board within 
the school year last preceding, [70 v. 195, § 66.] 

Sec. 4054. Each clerk shall, at the expiration of his term of 
office, deliver to his successor all books and papers in his hands 
relating to the affairs of his district, including certificates, and 
copies thereof, and reports of school statistics, filed by teachers. 
[70 V. 195, § 84.] 

Sec. 4055. The auditor of each county shall furnish to the 
clerk and treasurer of each school district in his county a suitable 
blank book, made according to the form prescribed by the com- 
missioner of common schools, in which each shall keep "'an account 
of the school funds of his district ; the clerk's account shall show 
the amounts certified by the county auditor to be due the district, 
all sums paid to the treasurer from other sources on his order, 
and all orders drawn by him on the treasurer, and upon what 
funds and for what purposes drawn ; the treasurer's account shall 
show the amounts received from the county treasurer, all sums 
received from other sources on the order of the clerk, and the 
amounts paid out, and from what fund and for what purposes 
paid ; and a separate account of each fund shall be kept, and each 

. Sec. 4055. Nearly all of the county auditors in the state utter com- 
plaints that the reports and accounts of some of the township clerks 
and treasurers in their respective counties are inexplicable or mani- 
festly wrong. This justifies an emphatic suggestion that when a thor- 
oughly competent and careful incumbent is found for either of these 
offices, it would be wise for the people to retain him. The selection of 
officers in a Republic is a science, as necessary to be studied by the peo- 
ple as any other human science. Chance is as blind a guide in this 
matter, and commonly as disastrous, as in any other business in which 
men are interested. 

These accounts are so simple, as compared with many others which 
yet show clear balances at the end of thousands upon thousands of 
transactions, that it is quite difficult for an officer to retain the full 
confidence of auditors and others who discover glaring discrepancies in 
these official records. The statute seems plain as to the manner in 
which these records and accounts shall be kept, and the forms ap- 
pended to the various editions of the school laws, as published, treat of 
almost every conceivable case that can arise. An ofiicer who succeeds 
in these matters better than another, does so, as a rule, because he 
carefully studies these statutes and forms, before he enters upon his 
official duties. 



How treas- 
urer and clerk 
to keep ac- 
counts- 



132 



OHIO SCHOOL LAWS. 



Ch. 11. 



Reports. 



Compensa- 
tion of clerk 
and treasurer 
of board of 
education. 



account shall be balanced at the close of the school year, and the 
balance in the treasurer's hands belonging to each fund shown. 
[70 V. 195, § 84.] 

Sec. 4056. The board of education may fix the compensation 
of clerk and treasurer ; the alloAvance made to the treasurer shall 
not exceed one per centum of the money disbursed by him on 
orders of the board ; but the treasurers of township districts shall 
be allowed as compensation, one per centum on all school funds 
disbursed by them ; and both clerks and treasurers shall be paid 
out of the contingent fund on the order of the board of education, 
but treasurers of city districts shall not be allowed compensation 
for disbursing the school funds. [70 v. 195, § 49; 80 v. 95,] 



CHAPTER 11. 



EEPORTS. 



Annual re- 
port by 
boards of ed- 
ucation. 



Fees of town- 
ship clerJss. 



Section 

4057. Annual report by board of ed- 
ucation. 
In what form to be made, etc. 
Reports by superintendents 

and teachers. 
Duties of county auditor as to 
school statistics, etc. 



4058. 
4059. 



4060. 



Section 

4061. Penalties against auditor and 

clerk. 

4062. "When auditor to appoint person 

to make reports. 

4063. Further penalties against audi- 

tor. 
4C64. Compensation of auditor. 



Section 4057. The board of education of each district shall 
niake a report to the county auditor, on or before the first day of 
October in each year, containing a statement of the receipts and 
expenditures of the board, the number of schools sustained, the 
length of time such schools were sustained, the enrollment of 
pupils, the average monthly enrollment and average daily attend- 
ance, the number of teachers employed, and their salaries, the 
number of school-houses and school-rooms, and such other items 
as the commissioner of common schools may require. [70 v. 195, 
§ 75.] 

Sec. 4056. Attorney General Nash, under date of January 25, 
1882, gave the following opinion : " The school commissioner informs 
me that the general construction put upon sections 1531 and 4056 
throughout the state is that the compensation provided for the town- 
ship clerk by section 4056 is not included in the $150 mentioned in sec- 
tion 1531. He and I are of this opinion." Opinions Attorney-General, 
Vol. F, 179. 



SCHOOL officers' GUIDE. 133 



Reports. Ch. 11. 



Sec. 4058. The report shall he made on blanks which shall be l^^e^^Hl^"^ 
furnished by the commissioner of common schools to the auditor 
of each county, and by the auditor to each school clerk in his 
county ; and each board of education, or officer or employe there- 
of, or other school officer in any district or county, shall, when- 
ever the commissioner so requires, report to him direct, upon such 
blank's as he shall furnish, any statements or items of information 
that he may deem important or necessary. [70 v. 195, § 75.] 

Sec. 4059. Boards of education shall require all teachers and R€ports by 

^ superintend- 

superintendents to keep the school records in such manner that ents and 
•^ '■ ^ teachers, 

they may be enabled to report annually to the county auditor, as 
required by the provisions of this title, and may withhold the pay 
of such teachers as fail to file with the clerk the reports required 
of them; they may require superintendents to report each year 
such matters as they deem important or necessary for information 
in regard to the management and conduct of the schools, and to 
make such suggestions and recommendations as they may deem 
advisable relative to methods of instruction, school management, 
or other matters of educational interest; and the board of each 

Sec. 4059. (a). [Boards of education have power to supply them^- ■ 
selves with all blank books, order books, and stationery necessary for 
the transaction of their official business, and also to supply teachers 
with registers and necessary stationery. 

[b. Every teacher should keep a daily record of the attendance of 
each pupil enrolled in his school, and, for this purpose, should be sup- 
plied by township or other district board with a suitable school register.] 

(c). Every teacher should record in ^permanent iorm. the scholarship What record 
ef each pupil, including in the record, as left at the end of each term, 
the point in each text-book reached by the pupil. In the rural schools, 
at least, it is better that the same register which is used for recording 
attendance, be used to record the standing of the pxipils also for each 
term, as a matter of g ■ ut convenience to the incoming teacher. These 
registers should be returned each term to the clerk of the board of ed- 
ucation, and it would be well if all boards would adopt the rule that 
no order should be issued to a teacher for his final payment until such 
deposit had been made. It would also be well if the teachers in rural 
districts were required to send to the clerk, for the information of the 
board, a statement as to the advanced classes of the school, the points 
they have reached in their studies, and whether these advanced pupils 
intend to prosecute their studies further, in order that boards may 
intelligently provide instruction for such pupils. 



134 



OHIO SCHOOL LAWS. 



Ch. 11.. 



Reports. 



Daties of 
county audi- 
tor as to 
school statis- 
tics. 



Penalties 
against audi- 
tor and clerk. 



When audi- 
tor to appoint 
person to 
make reports. 



Further pen- 
alties against 
auditor. 



city district of the first class shall prepare and publish, annually, 
a report of the condition and administration of the schools under 
its charge, and include therein a complete exhibit of the financial 
affairs of the district. [70 v. 195, ^ 76.] 

Sec. 4060. The auditor of each county shall, on or before the 
fifth day of November, annually, prepare, and transmit to the 
commissioner of common schools, an abstract of all the returns of 
school statistics made to him from the several districts in his 
county, according to the form prescribed by the commissioner, and 
a statement of the condition of the institute fund, and such other 
facts relating to schools and school funds as the commissioner 
may require; he shall also cause to be distributed all such- circu- 
lars, blanks, and other papers, including, school laws and docu- 
ments, ill the several school districts in the county, as the commis- 
sioner may lawfully require ; and if the auditor neglect to prepare 
and return any of the abstracts or reports herein required, the 
county commissioners shall withhold from him all compensation 
for his services under this title. [70 v. 195, § 123.] 

Sec. 4061. The auditor shall also be liable on his bond for any 
such neglect, in a sum not less than three hundred nor more than 
one thousand dollars, on complaint of the commissioner of com- 
mon schools ; and if the clerk of the board of education of any 
district fail to make the annual returns of school statistics required 
by this title, to the county auditor, he shall be liable on his bond, 
in a sum not less than fifty nor more than three hundred dollars, 
on complaint of the county auditor, or of the board of education, 
to be recovered in a civil action in the name of the state, and when 
collected to be paid into the county treasury, and applied to the 
use of common schools in such district. [70 v. 195, § 123.] 

Sec. 4062. Upon the neglect "or failure of the clerk of the 
board of education of any district to make the reports required in 
this title, and by the time specified, the county auditor shall ap- 
point some suitable person, resident of the district, to make such 
reports, who shall receive the same compensation therefor, and in 
the same manner, as is allowed by law for like services. [70 v. 
195, § 123.] 

Sec. 4063. A county auditor who willfully or negligently fails, 
in any year, to transmit to the commissioner of common schools 
the abstract of enumeration required by section forty Imndred aud 



SCHOOL officers' GUIDE. 



135 



Examiners. 



Ch. 12. 



thiHy-nine, or to perform any other duty reouired of him in this 
title, shall be liable on his bond to the extent of twice the sum 
lost to the school districts of his county in consequence of such 
failure, which sum shall be recovered in a civil action against him, 
on his bond, in the name of the state, before any court of compe- 
tent jurisdiction; and the money so recovered shall be paid into 
the county treasury, for the benefit of such districts, and appor- 
tioned in the same manner as the school funds so lost would have , 
been apportioned. [70 v. 195, §§ 81, 124.] 

Sec. 4064. The commissioners of each county shall allow the compeusa- 
county auditor, annually, a reasonable compensation for his ser- torf ° ^^ ^~ 
vices under this title, not to exceecj five dollars for each city, vil- 
lage, special, and township school district in his county, to be paid 
out of the county treasury; but before such alloAvance shall be 
made for any year the auditor shall present to the commissioners a 
statement, ofiicially certified and signed by the commissioner of 
common schools, that he has transmitted to the commissioner all 
reports and returns of statistics for that year required by this 
title. [70 V. 195, §125.] 



CHAPTER 12. 



EXAMINERS. 



Section 
4U65. State 



4067. 



4068. 
4069. 



4070. 
4071. 



4072. 
4073. 



4074. 

4075. 



board — appointment, 
term of office, and vacancy. 

Board may grant life certifi- 
cates ; record thereof, etc. 

Effect thereof; may be re- 
voked for cause. 

Fee for examination. 

County boards— appointment, 
term, and vacancies. 

President and clerls, and cer- 
tain duties of clerlt. 

Meetings of board, and fee for 
examination. 

Disposition of fees; traveling 
expenses of board. 

Validity and revocation of cer- 
tificates. 

Certificate a pre-requisite to 
employmf^nt ; special duties. 

Compensation and incidental 
expenses of board. 



Section 

4076. Annual report of clerk, and 

his bond. 

4077. Boards of city districts of first 

class. 

4078. Standard of qualification for 

tea'-hers. 

4079. Organization of board; bond 

of clerk. 

4080. Meetings, and publication of 

notice. 

4081. P^xamination fee; power of 

board. 

4082. Compensation of examiners ; 

incidental expenses. 

4083. Duties of clerk ; disposition of 

fees. 

4081. Boards of city districts of sec- 
ond class and village districts. 

4085. Who ineligible as examiner. 



STATE BOARD OF EXAMINEES. 

Sec. 4065. There shall be a state board of examiners, which Ipp^oi^^f^^ 

shall consist of three competent persons, residents of the state, to ^^offlce a^a 

be appointed by the state commissioner of common schools ; the '^^^^^^y- 



136 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



Teachers' cer- 
tificates is- 
sued by state 
board of ex- 
aminers. 



Effect there- 
of ; may be 
revoked for 
cause. 



Fee for exam- 
ination. 



term of office of such examiners shall be three years ; and when 
a vacancy occurs in the board, whether from expiration of the 
term of office, refusal to serve, or other cause, the commissioner 
shall fill the same by appointment for the full or unexpired term, 
as the case demands ; but this section shall not be construed to 
affect the term of office of members of the board in office at the 
time this act takes effect. [70 v. 195, § 85.] 

Sec. 4066, The board thus constituted may issue two grades 
of certificates to such as are found to possess the requisite scholar- 
ship, and who exhibit satisfactory evidence of good moral charac- 
ter and of professional experience and ability, as follows : First- 
class, life certificates; second class, for ten years; the latter to be 
issued to applicants of satisfactory attainments in the branches re- 
quired for county certificates, and to be valid in any school where 
such branches only are taught. The clerk of the board shall keep 
a record of the proceedings, showing the number, date, and dura- 
tion of each certificate, to whom granted, and for what branches 
of study, and shall report such statistics to the commissioner, an- 
nually, on or before the first day of October. [70 v. 195, § 87 ; 
78 V. 31.] 

Sec. 4067. All certificates issued by such board shall be coun- 
tersigned by the commissioner of common schools ; and such cer- 
tificates shall supersede the necessity of any and all other exam- 
inations of the persons holding them, by any board of examiners, 
and shall be valid in any school district in the state, unless re- 
voked by the state board for good cause. [70 v. 195, § 87.] 

Sec. 4068. Each applicant for a certificate shall pay to the 
board of examiners a fee of three dollars. [70 v. 195, § 88.] 



County 
boards— ap- 
pointment, 
term, and va- 
cancies. 



COUNTY EXAMINEES. 

Sec. 4069. There shall be a board of examiners for each 
county, which shall consist of three competent persons, to be ap- 
pointed by the probate judge ; such persons shall be residents of 
the county for which they are appointed, and shall not be con- 



Who may be 
examiner. 



Sec. 4066. There is no provision for rendering valid in this state a 
state certificate of another state. 

Sec. 4069. (a). As the statute requires that an examiner shall be a 
resident of the county in which he is appointed, so the Constitution, 
Art. XV, section 4, declares that "no person shall be elected or ap- 



SCHOOL OFFICEES GUIDE. 



137 



Examiners. Ch. 12. 



ammers. 



nectecl with or interested in any normal school, or school for the 
special education or training of persons for teachers ; if an exam- 
iner become connected with or interested in any such school, his 
office shall become vacant thereby ; the term of office of such ex- 
aminers shall be three years ; but the probate judge may revoke 
the appointment of an examiner upon satisfactory proof that he 
is inefficient, negligent, or guilty of immoral conduct ; whe a 
vacancy occurs in the board, whether from expiration of the term 
of office, refusal to serve, or other cause, the probate judge shall 
fill the same by appointment for the full or unexpired term, as the 

pointed to any office in this state, unless he possesses tlie qualifications 
of an elector." 

(b). Competence for the position of examiner should certainly include 
something more than the mere ability to ask a set of routine questions tions of ex- 
in the required branches of science, and to judge of the general cor- 
rectness of the answers. The examiner should be well acquainted 
with the best thought of the present day regarding the requirements 
of educational interests, and with the possibilities of our school system 
to meet the wants of an advancing age. The questions he asks and 
the requirements he makes do more than almost anything else to de- 
termine the points in a school course that will be emphasized in the 
daily work and thought of the teacher. Scarcely a high school class in 
the state is without its candidate for future examination before these 
boards. The teaching of the whole class, and thus of the whole school, 
will be warped by the teacher'^ regard for his reputation for turning 
out pupils prepared to pass these examinations for a teacher's 
certificate. 

This fact often accoimts for the course so much and so justly 
criticized, "of eliminating from the class work everything but bare 
facts. All the children are held in a routine rut of study. The teacher 
has little time to instruct, in the true sense of the term, and no time 
to waste in elaborating upon anything outside the limit of the lesson." 

The discretion which comes from experience in life is an ex- 
cellent quality in an examiner. 6ut if this experience has weaned the 
man from school life and school thought, he is quite likely to resort to 
text-books for his ijuestions. His riper faculties, year by year, reject 
what is elementary, and hence the only progress (?) to which he con- 
tributes consists in the intensification of text-book work. 

It need hardly be said that none but the best of men should be 
appointed to, this office. Of all officers, examiners should be men 
whose patriotism and high regard for the best interests of the commun- 
ity will lead them to look upon the school system of the state as the 



138 



OHIO SCHOOL LA.WS. 



Ch. 12. 



Examiners. 



President and 
clerk, and 
certain duties 
of clerk. 



case demands ; and Avithin ten days after an appointment, the 
probate judge shall report to the commissioner of common schools 
the name and post-office of the appointee, and whether the ap- 
pointment is for a full or unexpired term ; but this section shall 
not be construed to affect the term of office of members of such 
boards in office at the time this act takes effect ; and no person 
shall be appointed to the position or exercise the office of state, 
county, city, or village examiner of teachers who is the agent of 
'or is interested in any book-publishing or book-selling firm, com- 
pany, or business. 

Sec. 4070. The board shall organize by choosing from its 
members a president and clerk ; the clerk shall keep a record of 



Oath of 
officer. 



Removal. 



most important of its institutions ; men who will look upon their office 
as one of the most important trusts that could be confided to them, 
enabling them to contribute largely and eflTectively to the promotion of 
the dearest and most sacred interests of parents and children alike, 
and to render important direction and support in the work of building 
up pure and strong character for society and the state. Everyone 
knows that the tendencies of our nature are bad enough, and no op- 
portunity should be lost to furnish to this great educational and char- 
acter-forming instittition of the state such pillars as will beautify and 
strengthen it, giving not only dignity, but effectiveness to its forces. 
Even such men may fall into drunkenness or other vices. Should an 
examiner persist in such a course, he should be at once removed from 
an office having so many possibilities for good or evil. 

(c). The examiner is included in the declaration "every person 
chosen or appointed to any office under this state" — See constitution. 
Art. XV, section seven — "before entering upon the discharge of its 
duties, shall take an oath or affirmation to support the constitution of 
the United States, and of this state, and also an oath of office." He 
is not, then, an officer of the state until this oath is taken, and if evi- 
dence that such condition precedent to his entering upon official duties 
has been complied with, is not furnished to the appointing officer 
within a reasonable time, such officer may make another appointment. 

(d). If the examiners are satisfied that the candidate does not 
possess such a moral character as will lead them to certify to his 
fitness to teach, they are under no obligation to examine him as to 
other qualifications. 

(e). For causes of removal see note to section 407. 

Sec. 4070. (a). Section 4077 provides for three, six, or nine mem- 
bers of city boards of examiners, and section 4081 directs that the certifi- 
cates shall be authenticated by the president and clerk. At the state 



SCHOOL OFFICERS GUIDE. 



139 



Examiners. 



Ch. 12. 



the proceedings, showing the number and date of each certificate 
issued, and to Avhom, for what term, and for what branches of 
study, and such other statistics relating to the examination and 
proceedings as the commissioner of common schools may require, 
and shall report such statistics to the commissioner annually, on or 
before the first day of October ; and such boards may make all 
needful rules and regulations for the j^rope-f discharge of their 
duties. [70 v. 241, § 95.] 

Sec. 4071. Each board shall fix upon the place and times for 
holding meetings for the examination of applicants for certificates, 
notice of which shall be published in some newspaper of general 



Meetings of 
board, and lee 
for examina- 
tion. 



and county boards of examiners are to be organized by the election of 
such officers, it would seem to be even more likelj' to secure the proper 
formality in the issuing of certificates, if tliis plan were adopted in all 
cases. Tlie certificate should then contain so much of the record as 
will show that the formalities required by law have been complied with. 
See form for city districts, which may serve in case county boards de- 
sire to adopt it. 

(5). The prosecuting attorney is the legal adviser of county boards 
of examiners. See section 1274, R. S. 

Sec 4071. (a). The law provides for several, not more than eigh- 
teen, duly advertised meetings of the board for the examination 
of teachers. The notice seems designed for the accommodation of the 
teachers and examiners both, and probably to prevent star chamber 
examinations. The limited number of meetings provided for is evi- 
dently designed to limit the expense to the state. It is no where ex- 
pressly declared that the board shall not grant certificates to individ- 
uals except at such advertised rneetings. As, however, the law has 
made of tJwee competent persons a board of examiners, it knows no 
individual jierson or persons, as such, who have power to examine, or 
to determine the qualifications of teachers. It requires the ofiicial 
judgment of three men, or a majority of them, on every question sub- 
mitted to examiners for decision. 

(&). A board duly organized, with its president and clerk, consti- 
tutes the authoritative body to which the state has entrusted these 
serious and important duties. Certainly, no meeting for the exafnina- 
tion of a teacher would be able, in any emergency, to give a legal cer- 
tificate, of which meeting all the members have not had due notice, 
unless this defect is cured by the actual presence of all three of the 
members, with common consent to proceed with the examination. 

(c). No teacher can draw pay for teaching a single day without 
a certificate which covers all the branches he essays to teach, and the 



Certificates, 
form of. 



Number of 
examina- 
tions. 



Private ex- 
aminations. 



Notice of 
meeting. 



Certificate 
must cover 
all branches 
taught. 



140 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



Special meet- 
ing extreme 
cases. 



Examina- 
tions for spec- 
ial grade cer- 
tificates. 



Board must 
decide as to 
each appli- 
cant. 



Certificate 
not im- 
peached col- 
laterally. 



circulation in the county ; tlie meetings, of which there shall not 
be more than eighteen in any year, shall be held at such" place in 
the county as will, in the opinion of the board, best accommodate 

penalty is severe as to him, and as to the members of any board of 
education, and any clerk or treasurer who shall unlawfully pay out the 
money of the state — see section 6841. A dilemma may be presented 
under the law itself, which can only be met by considering and con- 
forming to the strongest purpose of the law. This purpose would 
seem to be that the schools shall be kept up, and shall only be taught 
by persons holding certificates. Thus, perhaps, a board may be justi- 
fied in holding a special meeting for the examination of a teacher. It 
should never be done without the most urgent reasons, such as a va- 
cancy occasioned by death, or a like pressing emergency. It can 
hardly be claimed that such special, unadvertised meeting is such a 
meeting as is directly provided for by law, and for which pay can be 
drawn. 

(d). It seems that examiners have, in some cases, advertised meet- 
ings for the examination of candidates for, say, three years' certifi- 
cates only. It is difiicult to see the legality or expediency of such pro- 
ceeding. Have not all candidates a right to appear at any of the public 
advertised meetings provided for by law? If one fails in a trial for a 
three years' certificate, may he not be found qualified to receive a two 
years' certificate without the trouble and expense of another journey 
and another fee ? 

(e). It has been decided by two or more common pleas courts of 
Ohio "that the examination of the candidate, and the determination 
to grant the certificate being official acts, can only be legally performed 
at a session of the board duly organized, and that the whole board, 
as such, is to decide regarding the qualifications of each applicant to 
teach each branch certified to." See also case of McCortle v. Bates, 
29 O. S., 419, as quoted quite in full under section 3^82. All its 
reasoning regarding boards of examination applies equally to examin- 
ing boards. 

(/). In case, however, a candidate has appeared at a regularly ad- 
vertised and organized meeting of the board, and has, without fraud 
or any undue intent on his part, performed all the work required of 
him by the examiners, and then the board inform him that his 
case will be decided in a fev,' days, and the candidate afterwards 
receives his certificate in due form, and containing the proper, personal 
signature of each member of the board, it is believed that such certfl- 
cate, from such duly accredited agents of the state, will be valid be- 
fore any court of law, until, by direct proceeding instituted for the 
express purpose of annulling the same, it has been declared void. If 
this board, the only accredited agents of the state to whom the candi- 



SCHOOL OFFICEES' GUIDE. 



141 



Examiners. 



Ch. 12. 



the greatest number of applicants ; a majority of the board may 
examine applicants and grant certificates ; and as a condition of 
examination each applicant shall pay to the board a fee of fifty 
cents. [70 v. 195, §§ 90, 91.] 



date could apply for this necessary certificate, has failed to comply 
fully with the law, without being moved thereto or joined therein by 
the candidate, as, by deciding his case when not in session, e. g., they 
jnRj be impeached, and, perhaps, in a proper proceeding, the certificate 
may be annulled. But until it is so annulled, it will undoubtedly be 
such valid evidence of qualification as the teacher is required by the 
state to procure. In case of fraudulent intent set up as against the can- 
didate, it would be different. See I A'ermont, 281. 

(gf). The board may, in certain case?,' call in the aid of a specialist 
to examine a candidate for them in specific branches. But the official 
mind, as, in cases at the bar, the "judicial mind," must itself be satis- 
fied — in this case by the testimony of the expert — that the candidate 
is qualified in each branch, and the hoard must certify to this. 

(h). An official trust cannot be delegated. See Ilf. Central Law 
Journal, page 472. The board has no authority, therefore, to appoint 
a substitute to perform the duties of any of its members. A certificate 
depending on the signature of such substitute for its validity, is worth- 
less. As all citizens are bound to know the law, so candidates and 
school authorities are bound to know w'ho are legal, or, at least, de facto 
public officers. 

(^). In case an examiner, really appointed and acting as such, is by 
law ineligible to the office, as in the case of a teacher of a normal 
school, or a book agent, his signature is believed to be adequate for its 
purpose, as he is a de facto officer, until the defect is judicially noticed 
and decided. The board is appointed by officers designated by the 
state to make such appointments. The teacher has, in this case, as in 
the case of irregularities in the proceedings of examining boards, no 
choice as to the tribunal before which he shall appear. As he cannot 
dictate to the state officer whom that officer shall appoint, so he should 
not be made to suffer by the official act of such officer. 

{j). An officer commissioned under the initials J. H., signs his 
true initials A. J., to a certificate, A. J. being the person in fact in- 
tended and appointed, the act and signature are held sufficient by the 
Supreme Court of Ohio. See N. B. Gates, treasurer, vs. Beckwith, in 
II. Western Law Monthly, page 589. 



Assistance of 
experts. 



Delegation of 
official trust. 



Action of de 
facto exam- 
iner. 



Signature, 
wrong ini- 
tials. 



142 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



DLsposition of 
lees ; travel- 
ing expenses 
of board. 



Validity and 
revocation of 
teachers' cer- 
tificates. 



Sec. 4072. The clerk of the board shall pay to the county 
treasurer, quarterly, all fees received, and file with the county 
auditor a written statement of the amount, and of the number of 
applicants, male and female, examined during the quarter; the 
necessary 1 raveling expenses of the examiners, which shall not, in 
any quarter, exceed one-third of the amount of fees received, shall 
be paid from the money so paid to the county treasurer, on orders 
of the county auditor; and the balance of such money shall be 
set apart for the support of teachers' institutes, and be applied as 
provided in chapter thirteen. [70 v. 195, § 91.] 

Sec. 4073. The board may grant certificates for six, twelve, 
eighteen, twenty-four and thirty-six months, which shall be valid 
in the county wherein they are issued, except in city and village 
districts, in which they shall not be valid unless indorsed by the 
president and secretary of board of examiners of such districts; 



Clerk is treas- 
urer of board. 



Antedating 
certificates. 



Sec. 4072. This section, together with section 4076, implies that the 
clerk is also treasurer of the board of examiners. In the latter sec- 
tion, the state requires of him a bond for the payment to the auditor 
of all moneys that come into his hands as fees. This will probably 
relieve the other examiners of joint personal responsibility with him 
for such payment, as he, alone, is authorized to handle the funds, and 
the state assumes the full control of his acts under such bond. The 
other examiners should see, as a matter of interest to them, that the 
clerk conforms to this, and other requirements of the law, as to records, 
reports, and the like. The law is careful to prescribe the limit of the 
expenses to be drawn. But it also prescribes that the money shall be 
drawn only for necessary and actual, not constructive expenses, and that 
such expenses for each quarter shall be paid out of the funds received 
during that quarter. This includes the necessary traveling expenses, 
or such hotel bills, as are actually and necessarily paid out, in the dis- 
charge of duties prescribed by law. 

Sec. 4073 (a). The board may grant certificates of the six grades 
only, and since the statute uses the language "from the day of exam- 
ination," it seems to give no authority to antedate a certificate. If 
undet a supposed pressing emergency, examiners do antedate a certifi- 
cate, the teacher takes it subject to the construction which school 
authorities have a right to put upon the declarations of the statutes. 
See section 4074 and section 4051. "No person shall be employed, as 
teacher, who has not obtained a certificate." "It shall be unlawful 
for the clerk of a board of education to draw an order on the treasurer 
for the payment of a teacher for services until the teacher files * '•• '■ 
a legal certificate, or a true copy thereof, covering the entire term of 



SCHOOL OFFICERS GUIDE. 



143 



Examiners. 



Ch. 12. 



and the examiners may grant certificates for five years to such ap- 
plicants as in addition to the necessary qualifications, have been 
for three years next preceding their application engaged in teach- 
ing, eighteen months of which experience shall have been in one 
place ; and such certificate for five years shall be renewable with- 



service." There is also this danger to the teacher, that if the certifi- 
cate is, in whole or in part, vitiated by the false statement — fraud — 
contained in it, he knows of the fraud, in this case, is a party to it, and 
cannot screen liimself as in the case supposed in the note under sec- 
tion 4071. 

The suspicion of fraud on the part of the candidate being set up, 
"parol evidence will be admitted to show the true date of the certifi- 
cate ; " which being shown, the certificate will become invalid as to the 
Hopkins vs. School District No. 3, in Danby. 

time before the true date, at least. See 27 Vermont, p. 281, Charles 

(6j. Ttie word " employ" used in the statute, is often used in com- 
mon conversation, in place of to make an agreement or contract with. 
Taken in its dictionary sense, it need not imply that a contract shall 
not be made with a person to teach who has not yet obtained a certifi- 
cate. The obtaining of a certificate is, however, a condition precedent 
to the full vahdity of a coniract to teach. No money can be legally 
drawn for teaching a day without a certificate, and to receive public 
money illegally is a crime under sections 6S41 and 6846. 

(c;. It is expressly illegal — see sections 4017 and 4018 — to pay an 
increased salary for that part of a term covered by a certificate, in case 
the certificate does not cover the whole term. 

{(i). Sections 4073 and 4081, as amended, grant to the examining 
boards the power to renew a certificate without examination, under the 
circumstances named therein. This, of course, implies that in no 
other case have they this authority, 

(e) The law does not prescribe the amount or kind of examination 
which the board shall employ to satisfy themselves of the qualifications 
of each applicant. It rests on the discretion of the board to de- 
termine whether it is necessary to subject a teacher who has taught 
with marked intelligence and success, and for years, within the circuit 
of their knowledge, to the same rigid examination to which they sub- 
ject beginners, and those of whose qualifications the examiners have 
no knowledge. 

(/). There is also no reason why examiners should not exercise 
their discre'tion about the further examination of candidates who have 
failed in one or two branches, but who left at a recent session of the 
board a thoroughly satisfactory record of examination in a large part 
of the branches. 



Meaning of 
employ. 



Increasing 
salary. 



Renewal of 
certificates. 



Amount and 
kind of exam- 
ination. 



Discretion of 
examiners. 



144 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



out re-examination, at the discretion of the examining boards; and 
if, at any time, the recipient of a certificate be found intemperate, 
immoral, incompetent, or negligent, the examiners, or any two of 



Mode of ex- 
amining. 



Revocation of 
certificate. 



Causes for re- 
vocation. 



Notice of re- 
vocation. 



{g). The law does not prescribe that the same written questions 
shall be propounded to all applicants. Indeed, there is much reason 
to believe that better results would follow, if the judgment of the ex- 
aminers were, in larger part, based on such an acquaintance with the 
personal characteristics of the candidates, as could be ascertained by 
oral examinations in part. 

(/i). The feasibility of the method used in many college examina- 
tions, is modestly suggested. In these cases the students are all set at 
their written work. But, at the same time, one is called to the desk of 
the professor, and plied with proper oral questions, to which he gives 
oral answers. In some cases a slip containing the questions for oral 
answers is passed to one candidate. He is given a ie^y minutes to 
think of the subjects presented, and is then called. At this time a 
card with questions is also given to another candidate,' who will be 
called when the first is dismissed. Of course two or three cards of 
questions will do for this work, if the answers are not given within 
hearing of the assembled candidates. 

(i). There is no provision of law for the summoning, swearing, or 
paying of Avitnesses by boards of examiners. The revocation of a cer- 
tificate is not strictly a judicial proceeding. The law which clothes the 
boards of examiners with discretionary power, will protect them in 
the proper use of it. They cannot, of course, be mulcted in damages 
nor removed from office, for refusing to grant a certificate, nor for re- 
voking a certificate, in the exercise of this discretion. If malice or 
other undue motive enter into the transaction, however, the candidate 
has his remedy in the courts, and the probate judge may remove any 
members for such cause, as a malfeasance in office — an immorality — one 
of the causes enumerated in the law. 

(j) Manifest incompetency to teach or to govern a school, cruelty, 
negligence, and immorality, are enumerated as the causes that miay 
lead to a revocation of a certificate. Intemperance is given in the law as 
a ground for refusing a certificate, and this is very definite instruction 
to annul a certificate for this cause. Habitual profanity, dishonesty, 
larceny, and other violations of law would certainly justify the annul, 
ling of a certificate. Slovenly and filthy habits should lead to it also. 

(jfc). Notice of such annulment should be given to the boards 
of education concerned, at least. A person cannot draw pay after 
his certificate is annulled. While it is proper to remember that 
it is a very serious thing to exclude a man from the profession, it 
should be remembered that it is still more serious to neglect the Intel- 



SCHOOL officers' GUIDE, 



145 



Examiners. 



Ch. 12. 



them, may revoke the certificate; but such revocation shall not 
prevent a teacher from receiving j^ay for services previously ren- 
dered. [70 V. 195, § 92; 79 v. 83.] 

Sec. 4074. No person shall be emjDloyed as a teacher in a com- Quaiiflca- 
mon school who has not obtained from a board of examiners, having teachers, 
competent jurisdiction, a certificate of good moral character, and , 
that he or she is qualified to teach orthography, reading, writing, 
arithmetic, geography, English grammar, and the history of the' 
United States, and possesses an adequate knowledge of the theory 
and practice of teaching, and if required to teach other branches, 
that he or she has the requisite qualifications ; but persons who 
desire or are expected to teach only special studies, such as music, 
drawing, painting, penmanship, gymnastics, German, or French, 
or any one of them, may be examined in regard to such study or 
studies only, and having obtained a certificate of qualification 
therein, and of good moral character, may be employed to teach 
such study or studies. [71 v. 107, § 93 ; 79 v. 70.] 

iectual and moral interests of pupils, and worse still to appropriate the 
money of the people to promote immorality and brutislmess. 

(I). Of course, a board of examiners may revoke, for proper cause, 
a certificate granted by its predecessors. A certificate given by county 
examiners and rendered valid in a city or village by the signature of 
its examiners, as provided in section 7043, can only be revoked by such 
city or village board, so far ag its validity in the city or village is con- 
cerned. It would seem, however, that the revocation of such certifi- 
cate by the county board would destrciy its validity everywhere. 

Sec. 4074. (a). A certificate which does not contain the whole of 
these nine specifications is good for nothing as a certificate. It is un- 
lawful to teach or to receive money for teaching any branch in which 
one has not been examined. " A sub.stitute" is a teacher, and comes 
under this rule of law. 

(b). The principle governii g communications to examining officers 
relative to the moral character of an applicant, or his fitness to teach, 
may be gathered from a recent decision of the Supreme Court of 
Michigan. Campbell, J. held: "In the present case the communi- 
cation was fully privileged. It was made by persons interested in the 
school to persons qualified to receive and act on the petition, for an 
honest purpose, and with an honest belief in the justice of their action. 
In such cases no action can be maintained even if the complaint is un- 
true, if not maliciously made." See also Foster r. Scripps, 39 Mich., 376. 

(c). As to penalty for bribing or attempting to bribe an officer, see 
section 6900. 

{d). See remark (a) under section 4051. 
10 



Certificate 
granted by 
predecessors. 

Revocation 
by city, or vil- 
lage, or coun- 
ty board. 



What certifi- 
cate must 
show. 



Communica- 
tions to ex- 
amining 
board. 



146 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



Compensa- 
tion and inci- 
dental ex- 
penses of 
board. 



Annual re- 
port of clerk 
and his bond. 



Sec. 4075. Each member of the board shall be entitled to re-- 
ceive two dollars for each day he is necessarily engaged in official 
service, to be paid out of the county treasury, on the order of the 
county auditor ; all books, blanks, and stationery required by the 
board shall be furnished by the county auditor ; the board may 
contract for the use of suitable rooms in which to conduct exam^ 
ations, procure fuel and light, and employ janitors to take charge 
of the rooms, and keep them in order ; and the expenses so in- 
curred, and also the cost of advertising required by section forty 
hundred and seventy-one shall be paid out of the county treasury^ 
on orders of the county auditor, who shall issue such orders upon 
the certificate of the president of the board, countersigned by the 
clerk. [70 V. 241, §95.] 

Sec. 4076. The clerk of the board shall prepare, and forward 
to the commissioner of common schools, on or before the first day 
of October in each year, a statement of the number of examina-- 
tions held by the board, the number of applicants examined, the' 
total number of certificates granted, and the number for each term 
mentioned in section /ori?/ hundred and seventy three, the amount of 
fees received and paid to the county treasurur, the amount received 
from the county treasury by the members of the board for the."r ser-- 
vices, and such other statistics and information in relation to the 



Number of 
meetings. 



Compensa- 
tion. 



Quarterly re- 
port. 



Sec. 4075. {a). Section 4071 limits the number of meetings of the 
board each year to eighteen. It is generally unilerstood by examining^ 
boards that any one of these meetings may be adjourned from one daj^ 
to another, if the work of one set of examinations cannot be completed 
in a day. The aggregate amount paid exaaiiners in the school year, 
1880-81, was $26,509. Dividing this among the 88X3, or 264 examin-- 
ers, gives each about $100 or $2 a dayfor 50, nearly 8X18 days. This 
is probably not equally divided, as the papers are to be examined by 
all the members, but the recording is also to be done by the clerk. 
This entitles him to pay at the rate of $2 a day also. 

{b). The records of the clerk should show the number of days' 
services by each member, and a member absent from a meeting is not 
entitled to pay. 

Sec. 4076. (a). As the school year begins on the first day of Sep- 
tember of each year, the quarterly payments are to be made for the 
quarters ending with November, February, May, and August. 

(b). The prosecuting attorney is, by section 1276, R. S., required to 
inspect the bonds of all county officers and certify that the same are 
sufficient. 



SCHOOL officers' GUIDE. 



147 



Examiners. 



Oh. 12. 



duties of the board as the commissioner may require ; and he shall 
deposit with the county auditor a bond, with surety to be ap- 
proved by the auditor, in the sum of three hundred dollars, that 
he will pay into the county treasury, quarterly, the examination 
fees received by the board, and make the statistical returns re- 
quired by this chapter. [70 v. 241, § 95.] 

CITY AMD VILLAGE EXAMIKEPvS. 

Sec. 4077. There shall be a board of examiners for each city Boards of city 

•' districts of 

district of the first class, to be appointed by the board of education flpt class. 
of the district ; such board may consist of either three, six, or nine 
persons, as the board of education may determine, and the per- 
sons appointed shall be competent for the position, and residents 
of the district for which they are appointed ; the term (jf office of 
such examiners shall be three years ; but the board of education 
may revoke any appointment, upon satisfactory proof that the 
appointee is inefficient, negligent, or guilty of immoral conduct ; 
Avhen a vacancy occurs in the board, whether from expiration of 
the term of office, refusal to serv^e, or other cause, the board of 
education shall fill the same by appointment for the full or unex- 
pired term, as the case demands ; and within ten days after an 
appointment, the clerk of the board of education shall report to 
the commissioner of common schools the name of the appointee, 
and whether the appointment is for a full or an unexpired term ; 
but this section shall not be construed to affect the term of office 
of such examiners in office at the time this title takes effect. [70 
V. 195, §97; 71 v. 107, §96.] 

Sec. 4077. (a). [Nothing in the statute directly prohibits a mem- 
ber of the board of education from serving on a city or village board 
of examiners, but the provisions of section 3974 would prevent his re- 
ceiving pay for surh services.] 

(b). Failure to comply with the requirement to notify the commis- 
sioner of the appointment of a clerk has sometimes occasioned great 
inconvenience, as it is made the duty of that state otficer, in certain 
cases, to look after the proper payment of fees into the treasury. ' 

(c). This section places no restriction on city and village boards of 
education, requiring them to exclude from tne board of examiners 
norriial school teachers. But section 4069 prohibits state, county, and 
village officials from appointing as examiner a person "who is the 
agent of, or is interested in, any book-publishing or book selling firm, 
company, or business." 



Clerk. 



Who may be 
an examiner 



148 



OHIO SCHOOL LAWS. 



Ch. 12. 



Examiners. 



Standard of 
qualification 
for teachers. 



Organization 
of board; 
bond of clerli. 



Meetings and 
publication 
of notice. 



Examination 
lee of teach- 
ers. 



Sec. 407^. Such board may examine the schools within its 
jurisdiction, and shall determine the standard of qualification for 
teachers ; in the examination of applicants and the granting of 
certificates the board shall be governed by the provisions of section 
forty hundred and seventy-four; and, to secure a thorough exam- 
ination of applicants in diflLicult branches or special studies, the 
board may secure the assistance, temporarily, of persons of suf- 
ficient knowledge in such branches or studies, who shall promise, 
on oath or affirmation, to be administered by the clerk of the board 
of examiners, to perform the duties of examiner faithfully and 
impartially ; and superintendents of schools shall give to the board 
all necessary information in reference to branches and sjoecial 
studies to be taught, and the grades and classes teachers Avill have 
to teach. [71 v. 107, § 96.] 

Sec. 4079. The board sball organize by choosing from its 
members a president and a clerk ; and the clerk shall give bond 
in the sum of five hundred dollars, with surety to be approved by 
the board of education, conditioned that he will perform faitli- 
fully the duties required of him by this chapter, which bond shall 
be deposited Avith the clerk of the board of education. [70 v. 
195, § 98.] 

Sec. 4080. The board shall hold not less than two meetings 
each year, notice of which shall be published in some newspaper 
of general circulation in the district, and the expense of such pub- 
lication shall be paid as provided in section forty hundred and 
eighty-two. 

Sec. 4081. Each person who applies to the board for examina- 
tion shall pay to the clerk a fee of fifty cents. The board may 
grant certificates for one, two, three, five, and ten years, which 
shall be signed by the president and attested by the clerk, and 
shall be valid within the district wherein they were issued, and 
such certificates issued for five and ten years, if in part on account 
of*consecutive years of teaching and experience, which shall be 



Sec. 4081 (a). See remarks under section 4073, regarding the au- 
thority of the board to nniew certiticatfs otherwise than as herein 
directed, also for methods of examination and other matters. See also 
form for certificate under Forms and Instructions. 

(6). There is no law making certilicates granted by city boards of 
examiners good in the country if indorsed by the county examiners. 



SCHOOL OFFICERS GUIDE. 



149 



Examiners. 



Ch. 12. 



so stated in the certificate, shall be renewable without re-examina- 
tion, at the discretion of the examining board, and on the produc- 
tion of satisfactory evidence that a person to whom a certificate 
has been issued is inefiicient, or guilty of immoral or improper 
conduct, the boai'd may revoke the certificate and discharge such 
person from employment as teacher in the district ; but such teacher 
shall be entitled to pay for services to the time of such discharge, 
and the word teacher shall be held to include superintendent of 
schools. [70 V. 195; 72 v. 114; 77 v. 7; 78 v. 87.] 

Sec. 4082. The board of education shall fix the compensation 
of such examiners, and the persons called to their assistance, furn- 
ish the necessary books, blanks, and stationery for their use, and 
designate a school building within the district in which they shall 
conduct examinations, and cause such building to be lighted and 
heated if necessary; and such compensation, and the incidental 
expenses incurred on account of the board of examiner's, shall be 
paid, by order of the board of education, from the contingent 
fund of the district. [71 v. 107, § 96.] 

Sec. 4083. The clerk shall keep a record of the proceedings 
of the board, and of such statistics as the commissioner of common 
schools may require, and shall report such statistics to the com- 
missioner annually, on or before the first day of October ; he shall 
pay the examination fees received by him to the treasurer of the 
district, within ten days after each meeting, and at the same time 
file with the clerk of the board of education a written statement 
of the amount, and also a statement of the number of applicants, 
male and ' female, examined, and the number of certificates 
granted, and for what terms; and the fees paid to the treasurer of 
the district shall be applied to the support of teachers' institutes, 
as provided in chapter thirteen. [70 v. 195, § 98.] 

Sec. 4084. The provisions of this chapter relating to boards 
of examiners for city districts of the first class shall be applicable 
to such boards for city districts of the second class, and village 
districts having a population of not less than twenty-five hundred, 
except that such boards shall consist of three members, and ex- 
cept, also, that the examiners' fees shall be disposed of, and state- 
ments filed with the county auditor, as provided in section forty 



Compensa- 
tion of exam- 
iners; inci- 
dental ex- 
penses. 



Duties of 
clerk ; dispo- 
sition of fees. 



Boards of city- 
districts of 
second class 
and village 
districts. 



See. 4084. The law as it here stands seems to make it obligatory on 
village boards to appoint examiners in the cases named. 



150 



OHIO SCHOOL L:A.W8, 



Ch. 13. 



Teachers' Institutes. 



Who ineligi- 
ble as exam- 
iner. 



hundred and seventy-two, in all such dii?tricts not covered by the 
provisions of section forty hundred and ninety-three. [70 v. 195 ; 
72 V. 114; 78 v. 87.] 

Sec. 4085. No board of county, city, or village examiners 
shall have more than one member connected with the same school 



CHAPTER 13. 



TEACHERS' INSTITUTES. 



County insti- 
tute — how or- 
ganized, etc. 



Section 

4086. County institutes— how organ- 

ized, etc. 

4087. Payment of institute fund to 

committee. 

4088. Report of institute committee. 

4089. Forfeiture of committee's bond. 

4090. When school commissioner 

may hold institute. 



Section 

4091. Teachers may dismiss school tO 

attend institute. 

4092. Institute for city districts of 

first class. 

4093. Institute for teachers of adja- 

cent counties. 

4094. Length of sessions; reports of 

certain institutes. 



Section 4086. A teachers' institute may be organized in any 
county, by the association of not less than thirty practical teachers 
of common schools residing therein, who shall declare their inten- 
tion, in writing, to attend such institute, the purpose of which 
shall be the improvement (»f such teachers in their profession; 
such institute shall appoint a secretary, and also a committee to 
manage the affairs of the institute, which committee shall enter 
into a bond, payable to the state of Ohio, with sufficient surety, 
to be approved by the county auditor, in double the amount of 
the institute fund in the county treasury, for the benefit of the 
institute fund of the county, and conditioned that the committee 



Organization 
of institute. 



Sec. 4086. [The only practical mode of carrying out the provisions 
of this chapter, and the mode established by custom i hroughout the 
state, is for the teachers of each county to organize a permanent asso- 
ciation, known as the institute. At each yearly session officers are 
chosen, who make the necessarj^ preparations for the next session. 

These officers are a president, vice-president, secretary, and execu- 
tive committee. This committee is the legal representative of the 
institute. It usually consists of three members, who enter into bond 
to faithfully account for the money which shall come into their hands, 
and make the proper reports to the commissioner of common schools. 
They must see to it that the treasurer keeps account of such matters 
as are requlrrd in said report, otherwise they "are liable to the penalty 
stated in section 4088. There seems to be in any county but one 
county institute organization in contemplation of law.] 



SCHOOL OFFICERS GUIDE. 



151 



Teachers' Institutes. 



Ch. 13. 



shall account faithfully for the money which Avill come into its 
hands, and make the report to the commissioner of common 
schools required by section forty hundred and eighty-eight. [70 v. 
195, § 112.] 

Sec. 4087. The declaration and bond mentioned in section 
forty hundred and eighty-six shall be filed with the county auditor, 
whereupon the auditor shall give to the institute committee an 
order on the county treasurer for the amount of the institute fund 
in the treasury ; and any portion of said fund not disbursed by 
the committee shall be returned to the county treasury, on the 
certificate of the county auditor. [70 v. 195, § 112.] 

Sec. 4088. The institute committee shall, within thirty days 
after the adjournment of the institute, report to the commissioner 
of common schools the number of teachers in attendance at the 
institute, the names of instructors and lecturers, the amount of 
money received and disbursed by the committee, and such other 
information relating to the institute as the commissioner may re- 
quire; and on failure to make such report the committee shall 
forfeit and pay to the state the sum of fifty dollars. [70 v. 195, 
§ 112.] 

Sec. -4089. Upon the forfeiture of the committee's bond, the 
prosecuting attorney of the county shall prosecute an action 
thereon, in the name of the state, and collect any money which 
the committee may have failed to disburse according to law, and 
any penalty to which the committee may be liable under this 
chapter, and pay the same into the county treasury, to the credit 
of the institute fund. [70 v. 195, § 112.] 

Sec. 4090. When a teachers' institute has not been held within 
two years in any county, the commissioner of common schools 
may hold or cause to be held therein such institute ; and the 
management thereof, and all proceedings in relation thereto, shall 
be the same as herein before provided, except that the written de- 
claration required shall not be necessary. [70 v. 195, § 114.] 

Sec. 4091. All teachers of common schools within any county 
in which a county institute is held, except those employed in city 
districts of the first class, may dismiss their schools for the purpose 



Payment of 
institute fund 
to committee. 



Report of in- 
stitute com- 
mittee. 



Forfeiture of 
committee's 
bond. 



When school 
comruission- 
er may hold 
institute. 



Teachers may 
dismiss 
school to at- 
tend insti- 
tute. 



Sec. 4091. The privilege of dismissing the schools for one week's 
attendance on the teachers' institute is granted to the teachers in 
cities of less than ten thousand inhabitants, with action by the board 



152 



OHIO SCHOOL LAWS. 



Ch. 13. 



Teachers' Institutes. 



Institute lor 
city districts 
of tlie first 
class. 



Institute for 
teachers of 
adjacent 
counties. 



Disposition 
of fees. 



of attending such institute, for the week in which it is held ; and 
boards of education of city districts of the first class situate 
within such counties may, by resolution, extend the privilege 
specified above to the teachers employed by them ; but no union 
or graded school shall be dismissed for such purpose unless a 
majority of teachers employed therein assent thereto. [70 v. 195, 

§ 117.] 

Sec. 4092. The board of education of each city district of the 
fii'st class may provide for holding an institute yearly, for the im- 
provement of the teachers of the common schools thei'ein; the 
expenses of such institute shall be paid from the institute fund 
provided for by section forty hundred and eighy-three; if the board 
of any district do not provide for such institute in any year, it 
shall cause the institute fund in the hands of the district treasurer 
to be paid to the treasurer of the county wherein the district is 
situate, who shall place the same to the credit of the county in- 
stitute fund, and the teachers of the schools of such district shall 
be entitled, in such case, to the advantages of the county institute, 
subject to the provisions of the preceding section ; and the clerk 
of the board shall make the report of the institute required by 
section forty hundred and ninety-four. [70 v. 195, § 118.] 

Sec. 4098. An association of teachers of several adjacent 
counties may organize an institute for the specific purpose of pro- 
viding for the professional instruction of the teachers of the graded 

of education. See section 3886. The teacher cannot, under the law, 
draw pay for the work, however. The last clause of the section im- 
plies that a majorit}^ of the teachers in a system of schools may effect 
their dismissal though the minority of the teachers oppose it. 

Sec. 4092. By section 4083, the clerk of the city board of examiners 
is bound to pay all fees received from candidates to the treasurer of 
the district. By this section, in case the city teachers hold no insti- 
tute, the board of education is to see that their treasurer pays over the 
whole amount of the fees to the county treasurer for the use of county 
institutes. In some cases this duty has been neglected, and much 
trouble and expense have been occasioned by the action necessary to 
to secure this money for its legitimate purposes. It is the duty of the 
state commissioner to see that the reports to his office show this to have 
been done. 

Sec. 4093. [The various associations, as North Eastern, Central, and 
Eastern Ohio Teachers' Association, may enjoy the benefits of this 
section. Under section 4094, they are not required to continue four 
daj's, but they must make report as directed in that section.] 



SCHOOL officers' GUIDE 



153 



Teachers' Institutes. 



Ch. 13. 



schools in such counties, and the boards of all city, village, and 
special districts within such counties may contribute from the 
institute and contingent funds under their control, to defray the 
expenses thereof, and may permit teachers employed by them to 
attend the institute one week; and such institute shall appoint 
a secretary, who shall make the report required by the next sec- 
tion. [70 V. 195, § 119.] 

Sec. 4094. All institutes held under !he provisions of this Length of ses- 

,.. •11^1 •-,-777 ®^^^ ' report 

chapter, excej)t the institute provided for by section jorf?/ hundred of certain in- 

and ninety-three, shall continue at least four days; and a report of 

each institute held in pursuance of the provisions of sections 

forty hundred and ninety-two and forty hundred and ninety-three, shall 

be made to the commissioner of common schools, within thirty 

days aft r the adjournment thereof, which shall state the num.ber 



stitutes. 



Sees. 4086-4094. (a). This chapter puts the constitution and manage- 
ment of the teacliers' institutes mainly into the hands of the teachers. 
If the institutes are not profltahle to the teachers and the schools of 
any county, the blame lies only ^^dth the teachers themselves. The ele- 
ments of success are a good corps of instructors and the full attend- 
ance of the teachers of the county. It can safely be said that the 
interest taken in the county institute can be relied on as the measure 
of the educational work in any countj'. It determines and measures 
the estimate in which teachers are held by the people generally, as it 
is the index of the professional spirit of the county teachers. This is 
not theory. Every school commissioner of Ohio and of. other states 
testifies to these facts. A profession intrusted with a great social func- 
tion, is bound by every consideration of personal and professional 
pride and interest to perform that duty well. The teacher has no 
right to neglect any means of making the best of his opportunities to 
excel in his work. He is entitled to recognition by his fellows only ia 
proportion as he does this, since the reputation, influence, and pecun- 
iary profit of every man in his profession are modified by the estima- 
tion in which the profession, as such, is held. For this reason, the 
teacher who is absent from the common means of improvement, is the 
object of contemptuous criticism by his brethren, and by the commu- 
nity generally. 

(6). A great interest like that of the education of communities and 
the state, requires all the strength and wisdom that can be developed 
through the kindly interchange of views, the quickening influence of 
a warm and active fellow feeling, and the hearty and intelligent co- 
operation of all who assume the responsibilities of the work. One 
hundred men and women firmly united in heart and mind, and work- 



Importance 
of institutes- 



154 



OHIO SCHOOL LAWS. 



Ch. 14. 



Cincinnati and Toledo Universities. 



of teachers in attendance, the names of instructors and lecturers, 
the total expenses of the institute, and the portion thereof paid 
from institute funds, and such other information relating to the 
institute as the commissioner may require. [70 v. 195, ^§ 113, 
115, 118.] 



CHAPTER 14. 



CINCINNATI AND TOLEDO UNIVERSITIES. 



Common 

council of 
Cincinnati 
may accept 
educational 
trusts. 



How trust 
funds are to 
be applied. 



Section 

4095. Common council <>f Cincin- 
n;iti may accept educational 
trusts. 

How trust funds to be applied. 

Trusteeship to ves-t in city, etc. 

Board of directors, how ap- 
pointed, etc. 

Powers of board. 

Citizens not to be charged for 
admission of children. 



4096. 
4091. 
4098. 



4100. 



Section 
4101. Accounts and expenditures. 

When board may confer de- 
grees. 
Site and grounds. 
When and how tax may be 

levied. 
Provisions of chapter applica- 
ble to I it y of Toledo. 



4102. 



4103. 
4104. 



4105. 



Sec. 4095. The common council of the city of Cincinnati, in 
the name and behalf of the city, niay accept and take any prop- 
erty or funds heretofore or hereafter given to the city for the pur- 
pose of founding, maintaining, or aiding a university, college, or 
other institution for the promotion of free education, and upon 
such terms, conditions, and trusts, not inconsistent with law, as. 
the common council may deem expedient and proper for that end. 
[67 V. 86, § 1.] 

Sec. 4096. For the further endowment, maintenance, and aid 
of any university, college, or institution for the promotion of free 
education heretofore or hereafter so founded in said city, the com- 
mon council thereof may, in the name and in behalf of the city, 
accept and take, as trustee, and in trust for the purpose aforesaid, 

ing through a thorough organization of their varied talents and spir- 
itual forces, have more power for good than three times this number 
who are antagonistic to each other and indifferent to the success of the 
common scheme. 

(c). So essential to the general success of educational work in any 
community, is this feeling of devotion to the work, that examiners are 
fully justified in giving this element of character much force in deter- 
mining the fitness of applicants for certificates. Boards of education 
are so directly concerned in it, that they would always be justified in 
refusing a position to any one who is habitually indifferent to his own 
improvement and to the interests of the profession. 



SCHOOL officers' GUIDE. 



155 



Cincinnati and Toledo Universities. 



Ch. 14. 



any estate, property, or funds which have been or may be lawfully 
transferred to the city for such use, by any person or body corpor- 
ate having the same, or any annuity or endowment in the nature 
of income which may be covenanted or pledged to the city toward 
3uch use by any person or body corporate ; and any person or 
body corporate having and holding any estate, property, or funds, 
in trust or applicable for the promotion of education, or the ad- 
vancement of any of the arts or sciences, may convey, assign, 
transfer, and deliver over the same to said city, as trustee in his 
or its place, or covenant or pledge its income, or anj part thereof, 
to the same ; and such estate, property, funds, or income shall be 
held and applied by such city in trust for the further endowment or 
maintenance of such university, college, or institution, in accord- 
:ance, nevertheless, with the terms and true intent of any trust or 
condition upon which the same was originally given or held. [67 
V. 86, § 2.] 

Sec. 4097. Upon such transfer, and the acceptance thereof, 
the city and its successors, as trustee, shall become and be perpet- 
iially obligated and held to observe and execute such trust, in all 
respects, according to any further terms and "conditions lawfully 
agreed upon at such transfer and acceptance ; and any court hav- 
ing jurisdiction of the appointment of trustees of such trusts for 
educational purposes may, in any proceeding for that purpose duly 
instituted and had, appoint and constitute said city, with the con- 
sent of the common council thereof, trustee of the estate, prop- 
erty and funds so transferred to it, and may dispense with the bond 
or surety on the part of the city for the performance of such trust, 
unless the same is required by the original terms or conditions 
thereof, and shall, upon the due transfer and acceptance of such 
trust by the city, release and fully discharge the trustee or trustees 
so transferring the same. [67 v. 86, § 2.] 

Sec. 4098. The custody and management of any and all es- 
tates, property, or funds so given, or transferred in trust to said city, 
and the entire administration of any and all such trusts so accepted 
by the common council thereof, and any university, college, or in- 
stitution for the promotion of education heretofore or hereafter so 
founded in or by said city, except the common and high schools 
thereof, shall be committed to a board of nineteen directors, of 
whom the mayor of the city shall be one, and the others shall be 



Trusteeship 
to vest in city, 
etc. 



Boai ds of di- 
rectors Of Cin- 
cinnati and 
Toledo uni- 
versities, liow 
appointed. 



156 



OHIO SCHOOL LAWS. 



Ch. 14. 



Cincinnati and Toledo Universities. 



Powers of 
board. 



Citizens not 
to be charged 
for admission 
children. 



appointed by the commou council from persons of approved learn- 
ing, discretion, and fitness for the office, citizens of the city, six of 
of whom shall be appointed from persons nominated to the com- 
mon council by the board of education of the city, and twelve from 
persons nominated to the common council by the superior court of 
said city, if there be such court ; the terms of ofilce of each direc- 
tor shall be six years, but of those first appointed three shall be 
appointed for one year, three for two years, three for three years, 
three for four years, three for five years, and three for six years, 
from the first day of January next following their appointment ; 
such directors shall serve until the election or qualification of their 
successors, and any vacancy in the board caused by expiration of 
term, resignation, removal, or other cause, shall be filled by ap- 
pointment as herein provided, for the unexpired term. [67 v. 
86, §3; 78 V. 178.] 

S6c. 4099. As to all matters not herein or otherwise provided 
by la^v, the directors shall have all the authority, powers, and con- 
trol vested in or belonging to said city, as to the management and 
control of the estate, property, and funds given, transferred, cov- 
enanted, or pledged, to the city for the trusts and purposes afore- 
said, and the government, conduct, and control of the university, 
college, or institution so founded ; they msij appoint a clerk, and 
all agents proper and necessary for the care and administration of 
the trust property, and the collection of the income, reiits, and 
profits thereof, may appoint the president, professors, tutors, in- 
structors, agents, and servants necessary and proper for such uni- 
versity, college, or institution, and determine their compensation,, 
may provide all the necessary buildings, books, apparatus, and 
means and appliances, and pass all such by-laws, rules, and regu- 
lations concerning the president, professors, tutors, instructors, 
agents, and servants, and the admission, government, and tuition 
of students, as they deem wise and proper ; but they may, hy 
suitable by-laws, delegate and commit the admission, government, 
management, and control of the students, course of studies, disci- 
pline, and other internal affairs of such universiLy, college, or in- 
stitution, to the faculty which the directors may appoint from 
among the professors. [67 v. 86, ^3.] 

Sec. 4100. The citizens of said city, whose children, wards, 
or apprentices are admitted to such institution, shall not be charged 



SCHOOL OFFICERS GUIDE. 



-157 



Cincinnati and Toledo Universities. 



Ch. 14. 



for such admission, and no charge shall be made for the instruc- 
tion of such pupils. [67 v. 86, § 3.] 

Sec. 4101. The accounts of such trust estate, property, and 
funds, and of the income and expenditure thereof, shall be kept 
by the city auditor entirely distinct from all other accounts or 
affairs of the city, and the moneys shall be kept by the city treas- 
urer distinct fr®m other moneys ; and the directors shall at all 
times confine the expenditures within the income of the trust es- 
tate, property, and funds, and shall annually report to th^ com- 
mon council a full statement of the accounts and administration of 
such trusts. . [67 v. 86, § 3.] 

Sec. 4102. The directors of such university, college, or insti- 
tution may, upon the recommendation of the faculty thereof, con- 
fer such degrees and honors as are customary in universities or 
colleges in the United States, and such others as, with reference 
to the course of studies and attainments of the graduates in special 
departments, they may deem proper. [67 v. 86, § 4.] 

Sec. 4103. The common council of said city may set apart and 
appropriate, as a site for the buildings and grounds of the univer- 
sity, college, or institution so founded, any public grounds of the 
city not specially appropriated or dedicated by ordinance to any 
other use or purpose, any law to the contrary notwithstanding. 
[67 V. 86, § 5.] 

Sec. 4104. The board of education of the city may, uj^on the 
application of said board of directors, assess and levy a tax on the 
taxable property of the city, not exceeding one-tenth of one mill 
on the dollar valuation thereof, to be applied by the board of di- 
rectors to the support of such university, college, or institution ; 
and the board of education shall also assess and levy, annually, 
not less than three hundredths nor more than five-hundredths of 
one mill on the dollar of such valuation for the establishment and 
maintenance of an astronomical observatory, in connection with 
such university, college, or institution, the proceeds of which shall 
be paid to the board of directors, and applied by them for said 
purpose exclusively. [67 v. 86, § 5; 75 v. 1-^3, § 1.] 

Sec. 4105. The provisions of this chapter shall be api^licable 
to the city of Toledo, except that the board of directors shall con- 
sist of thirteen members, and the rate of taxation to be assessed 
and levied shall not exceed one-half of one mill on the dollar of 
the taxable property of said city. [70 v. 117, § 1.] 



Accounts and 
expenditures. 



When board 
may confer 
degrees. 



Site and 
srounds. 



When and 
how tax may 
be levied. 



Provisions of 
this chapter 
applicable to 
city of To- 
ledo. 



158 



OHIO SCHOOL LAWS. 



Ch. 13. 



State Commissioner of Common Schools. 



PART I, POLITICAL-TITLE III, EXECUTIVE. 



CHAPTER 13. 



STATE COMMISSIONER OF COMMON SCHOOLS. 



Commis- 
sioner shall 
be elected. 

Term of of- 
fice. 

Vacancy shall 
be filled by 
appointment. 

His ofilcial 
bond. 



And oath. 



Office, etc., at 
the seat of 
government. 



Section 

354. Election, term, and how va- 

cancy filled. 

355. Bond. 

356. His office, and his attendance 

thereat. 

357. His duty to visit teachers' insti- 

tutes, etc. 

358. His supervision over school 

funds and school officers. 

359. Sha 1 prepare and transmil 

forms and instructions. 

360. Shall c.ause school laws, with 

forms, etc., to be printed and 
distributed. 



Section 

361. Annual report to the general 
assembly or governor. 

What the report shall contain. 

Shall require reports from pri- 
vate schools, etc. 

His duty on complaint of 
fraudulent use of money ; 
appointment of examiner. 

Powers, duties, and compensa- 
tion of examiners. 

Duty of judge and prosecuting- 
attorney. 



362. 
363. 



364. 



365. 
366. 



Sec. 354. There shall be elected, triennially, at the general 
election for state officers a state commissioner of common schools, 
who shall hold his office for the term df three years from the sec- 
ond Monday of January succeeding his election ; and in case of a 
vacancy occurring by death, resignation, or otherwise, the gover- 
nor shall fill the same by appointment. [70 v. 195, § 102.] 

Sec. 355. Before entering upon the discharge of his official 
duties, the commissioner shall give bond in the sum of five thousand 
dollars to the state, with two or more sureties, to the acceptance of 
the secretary of state, conditioned that he will truly account for arid 
apply all moneys or other property which may come into his 
hands in his official capacity, and that he will faithfully perform 
the duties enjoined upon him according to law ; which bond, with 
his oath of office indorsed thereon, shall be filed with the treasurer 
of state. [70 v. 195, § 103.] 

Sec. 3 ^6. The books and papers of his department shall be 
kept at the seat of government, where a suitable office shall be 
furnished by the state, at which he shall give attendance not less 
than ten months in each year, except when absent on public bus- 
iness. [70 V. 195, § 104,] 



SCHOOL OFFICERS GUIDE. 



159 



State Commissioner of Common Schools. 



Ch. 13. 



Sec. 357. The commissioner shall visit, annually, each judi- 
cial district of the state, superintending and encouraging teachers' 
institutes, conferring with boards ' of education or other school 
officers, counseling teachers, visiting schools, and delivering lec- 
tures on topics calculated to subserve the interests of popular ed- 
ucation. [70 V. 195, § 105.] 

Sec. 358. He shall also exercise such supervision over the ed- 
ucational funds of the state as is necessary to secure their safety 
and right application and distribution according to law. He has 
power to require of county auditors, boards of education, clerks 
and treasurers of boards of education, or other local school offi- 
cers, and county treasurers, copies of all reports by them required 
to be made, and all such other information in relation to the funds 
and condition of schools and the management thereof as he deems 
important. [70 v. 195, § 106.] 

Sec. 359. He shall prescribe suitable forms and regulations for 
making all reports and conducting all necessary proceedings under 
the school laws, and cause the same, with such instructions as he 
deems necessary and proper for the organization and government 
of schools, to be transmitted to the local school officers, who shall 
be governed in accordance therewith. [70 v. 195, § 107.] 

Sec. 360. He shall cause as many copies of the laws as are 
necessary, relating to schools and teachers' institutes, with an ap- 
pendix of appropriate forms and instructions for carrying into 
execution all such laws, to be printed in a separate volume, and 
distributed to each county with the laws, journals, and other doc- 
uments, for the use of the school officers therein, as often as any 
change in the laws is made of sufficient importance, in the opinion 
of the commissioner, to require a publication and distribution 
thereof [70 v. 195, § 108.] 

Sec. 361. He shall make an annual report, on or before the 
twentieth day of January, to the general assembly, when that body 
is in session; and when not in session, the report shall be made to 
the governor, who shall cause the same to be published, and shall 
also communicate a copy thereof to the general assembly at the 
beginning of the next session. [70 v. 195, § 109.] 

Sec. 362. In his annual report he shall present> a statement of 
the condition and amount of all funds and property appropriated 
to purposes of education ; a statement of the number of common 



His duties in 
visiting the 
several judi- 
cial districts. 



His supervis- 
ion over 
school funds. 



May require 
reports from 
certain offi- 
cers. 



Shall prepare 
forms, etc. 



Duties as to 
distribution 
of school 
laws, etc. 



His annual 
report. 



What it shall 
present. 



160 



OHIO SCHOOL LAWS. 



Ch. 13. 



State Commissioner of Common Schools. 



Shall require 
reports from 
private 
schools, etc. 



Duties of 
commission- 
er on com- 
plaint of 
fraudulent 
use of money, 
etc. 



Appointment 
of accountant 
to investigate 
charges. 



schools in the state, the number of scholars attending such schools, 
their sex, and the branches taught; a statement of the number of 
private or select schools in the state, so far as 'the same can be 
ascertained, and the number of scholars attending such schools, 
their sex, and the branches taught ; a statement of the number of 
teachers' institutes, the number of teachers attending them, and 
the number of instructors and lecturers, and the amount paid to 
each; a statement of the estimates and accounts of the expendi- 
tures of the public school funds of every description, a statement 
of plans for the management and improvement of common schools, 
and such other information relative to the educational interests of 
the state as he deems of importance. [70 v. 195, § 110.] 

Sec. 363. He shall, annually, require of the president, man- 
ager, or principal of every seminary, academy, and private school, 
a report of such facts, arranged in such form as he prescribes, and 
shall furnish blanks for such reports ; and it is made the duty of 
every such president, manager, or principal, to fill up and return 
such blanks within the time the commissioner directs. [73 v. 225, 

§1-] 

Sec. 364. When a complaint is made to the state school com- 
missioner, in writing, verified by the affidavits of at least three 
freeholders and tax-payers, resident of any school district in the 
state, alleging that they have good reason to and do believe that any 
portion of the school fund of such district has been expended con- 
trary to law, or has been fraudulently, unlawfully, or corruplly 
used, or misapplied, by any of the officers of such district, or that 
there have been fraudulent entries in the books, accounts, vouch- 
ers, or settlemeot sheets thereof, by any such officers, or that any 
of such officers have not made settlement of their accounts as 
required by law, he is authorized and required to appoint some 
trustworthy and competent accountant, for the purpose of inves- 
tigating such complaint, who shall forthwith visit such school dis- 
trict and take possession of all the books, papers, vouchers, and 
accounts of such district, and investigate the truth of the allega- 
tions of such complaint, and the condition of the school fund of 
such district; and the several officers of such school district, on the 
application of such examiner, shall immediately place in his pos- 
session all their books, accounts, contracts, vouchers, and other 
papers having reference to the receipt and disbursement of the 



SCHOOL OFFICERS GUIDE. 



161 



State Commissioner of Common Schools. 



Ch. 13. 



Powers and 
duties ol ex- 
aminer. 



school funds ; and the county auditor and county treasurer shall 
give such examiner free access to all the records, books, papers, 
vouchers, and accounts in their respective offices having reference 
to the object of such investigation. [72 v. 82, § 1.] 

Sec. 365. Such examiner shall have authority to call before 
him forthwith, upon written notice, and examine witnesses, under 
oath, to be administered by him; and he shall, immediately after 
completing such investigation, report in writing, in duplicate, set- 
ting forth the condiJ;ion of the books, vouchers, and accounts of 
such district, the amount of school funds received for any and all 
purposes, and from whatever source, the amount expended, and 
for what, and the amount actually in the treasury, one ccpy of 
which report he shall file in the office of the clerk of the court of 
common pleas of the county in which such district is situate, and 
the other copy he shall transmit to the state commissioner of com- 
mon schools at Columbus; and the examiner so appointed and 
performing the duties herein required, sh ill receive as compensa- 
tion a per diem of three dollars for each day necessarily engaged 
in the performance of his duties, and shall also receive five cents 
for each mile by him necessarily traveled in that behalf; but no 
mileage shall be allowed for a greater distance than from Columbus 
to such district ; and such compensation and mileage shall be paid 
out of the county treasury upon the warrant of the county audi- 
tor, and if the investigation establish the truth of any material 
allegation in such complaint, then such amount so paid shall be 
assessed by the county auditor upon the taxable property of the 
district, to be collected as other taxes are for the use of such 
county treasurer. [72 v. 82, § 2.] 

Sec. 366. The judge of the court of common pleas of the 
proper county shall examine the report so filed in the clerk's office, 
as provided in the preceding section of this chapter, and if it ap- 
pears therefrom that any part of the common or school fund has 
been fraudulently, unlawfully, or corruptly used or misapplied, or 
that there has been fraud in any of the entries, accounts, vouchers, 
contracts, or settlements, or that the settlements have not been 
made as required by law, or that there appears any defalcation 
or embezzlement on the part of any of the officers of such school 
district, he shall give^the report specially in charge to the grand 



His compen- 
sation. 



Payment 
thereof. 



Adverse re- 
port of exam- 
iner to be 
given in 
charge to the 
grand Jury. 



11 



162 OHIO SCHOOL LAWS. 



Ch. 13. State Commissioner of Common Schools. 

jury at the term of the court of common pleas next after the filing 

Duty of pros- 
ecuting at- of the same ; and the prosecuting attorney of such county shall 

forthwith institute and carry forward such proceedings, civil or 

criminal, or both, against the delinquent officer or officers of such 

district as is authorized by law. [72 v. 82, § 3.] 



Ohio School Laws. 



APPENDIX A. 



CHAPTER I. SECTION 3891. 

CEEATION OF SPECIAL DISTRICTS BY THE GENEEAL ASSEM- 
BLY. DECISION OF THE SUPREME COURT THEREON. 

In the case of the State of Ohio on relation of the Attorney General 
V. Rollin C. Powers and others, the Supreme Court of Ohio, on April 
18th, 1882, held as follows: "Under section 26, article 2, and sec- 
tion 2, article 6, of the Constitution, laws regulating the organization 
and management of common schools must have a uniform operation 
throughout the State." 

The defendants having assumed to act as the Board of Education of 
the New London School District, they answer an action in quo warranto 
by showing an election under the act of the General Assembly, of 
March 31, 1879, for establishing the township into a special school dis- 
trict. 

The decision is too long for insertion in full, but as the case is 
believed to involve the destiny of all districts created by special stat- 
ute, it is given in part. 

Judge Mcllvaine said: "It is contended that the statute in ques- 
tion is in conflict with section 26, article 2, of the Constitution, which 
provides that ' all laws of a general nature shall have a uniform oper- 
ation throughout the State.' Confessedly this statute operates only in 
New London Township, and, under it, the schools of the township are 
organized and supervised differently from those of any other town- 
ship in the State. 

' ' The constitution declares, not only that the General Assembly 
shall pass suitable laws to encourage schools and the means of instruc- 
tion (Sec. 7, Art. 1), but also, that it shall make such provisions, by 
taxation or otherwise, as, with the income arising from the school 
trust fund, ' will secure a thorough and efficient system of common 
schools throughout the State' (Section 2, Art. 6). A majority of the 



164 OHIO SCHOOL LAWS. 



Appendix A. 



court are of opinion that the subject of common schools is thus 
declared to be one of a general nature. These schools are sustained, 
in part, by a trust fund in which every section, as well as every indi- 
vidual of the State has a common interest. This is not all ; the inter- 
est of every section and every individual is to be secured by a thor- 
ough and efficient system of schools, and as if it were to guard against 
such special and local legislation as we find in this statute, it is 
expressly declared that such system shall extend 'throughout the 
State.' It appears to me that no amount of logic could make plainer 
the proposition that the common schools of the State, as a subject for 
legislation, is one of a ' public nature,' and that all laws in relation to 
the organization and management thereof must have a uniform oper- 
ation throughout the State. 

" It is no answer to this objection to the statute to pay that the sys- 
tem inaugurated by the general law is not interfered with by this 
local act, inasmuch, as it is provided that the district of New London 
township shall be governed in every manner by the laws in force 
relating to village districts, for two reasons. First. Because under the 
general law there is no authority for extending the government of vil- 
lage districts over the sub-districts of townships, or for consolidating 
village and township districts in the manner provided in this act ; and 
second, there is no authority under the general act for organizing a 
board of education, as under this local enactment. And surely it can 
not be said that these matters are not parts and parcels of the system 
provided for in the general statute. 

"We will not undertake to compare the two systems as to efficiency. 
If the New London system is more efficient than that provided by the 
general law, it should be adopted throughout the State, otherwise, it 
should not ; but this is a consideration alone for the General Assem- 
bly. We are satisfied, however, that it was a wise provi^ion in the 
constitution that the system of common schools should be controlled 
and governed by general laws, so that the whole State may enjoy the 
benefits of the best system which the experience and wisdom of the 
legislature can devise. It does not require a proi^hetic eye to see that 
local legislation to suit the views of this locality and of that would 
soon impair the efficiency of our public schools — that while in some 
places they might be elevated, in others they would be degraded. 
True, in some localities, from density of population and other causes, 
difi"erent necessities may exist, requiring modification in the manage- 
ment of schools, in order to attain the greatest efficiency ; but for all 
such cases ample provision can be made by judicious classification and 
discrimination in general laws. 

" And I will add, in conclusion, that in expressing these views, the 
majority of the court should not be understood as holding, that, under 
peculiar circumstances, local legislation may not be resorted to for the 



SCHOOL officers' GUIDE. 



165 



Appendix B. 



purpose of enabling localities to discharge duties merely incidental, 
and such as would be incidental to any system ; but would not either 
change or destroy the system itself ; for instance, in the selection or 
change of school-house sites, or the erection or repair of school build- 
ings and the like. 

" Judgment of ouster." 



APPENDIX B. 



Reference is made to the following sections of the Revised Stat- 
utes under section 3906 : 



Sec. 1727. A person who, at the time of an election for municipal 
officers, is an elector for county officers, and resides in the ward, or 
corporation, if there be no wards, in which he offers to vote, is a 
qualified elector ; and the elections shall be held and conducted, in all 
respects in the manner prescribed by law in case of township elections. 
[66 V. 162, l 74.] 

Sec. 2945. No person shall be permitted to vote at any election unless 
he shall have been a resident of the state for one year, resident of the 
county for thirty days, and resident of the township, village, or ward 
of a city or village, for twenty days, next preceding the election at 
which he offers to vote, except where he is the head of a family, and 
has resided in the state, and in the county in which such township, 
village, or ward of a city or village, is situate, the length of time re- 
quired to entitle a person to vote under the provisions of this title, and 
shall, bona fide, remove with his family from one ward to any other 
ward in such city or village, or from a ward of such city or village to a 
township or village in the same county, or from a township or village 
to a ward of a city or village in the same county, or from one township 
to another in the same county, in which cases such person shall have 
the right to vote in such township, village, or ward of a city or village, 
without having resided therein the length of time above described to 
entitle a person to vote : provided, that such voter so removing with 
his family from a township to a village, or ward of a city or village, in 
the same county, shall not have the right to vote at any municipal 
election held in such city or village, unless he shall have resided there- 
in twenty days prior to such municipal election. 



Who are 
electors. 



Who entitled 
to vote. 



166 OHIO SCHOOL LAWS. 



Appendix D. 



APPENDIX C. 



The following decision, rendered as this portion of the laws is 
going to press, is here inserted : 

The Board of Education of the school district of the viUage of West- 
wood vs. David Sinton. Error to the District Court of Hamilton 
county. 

Martin, J. Certain bonds payable to , or bearer, issued by 

the board of education of the school district of the village of West- 
wood, pursuant to a special act (66 O. L. 402) authorizing the same for 
the purpose of providing funds wherewith to purchase a school house 
site and erect a school building thereon, were taken up and paid by 
the board and left with the treasurer with instructions to cancel them, 
who, instead of canceling them, negotiated them before maturity as 
collateral security for his own debt to an innocent purchaser, who re- 
ceived and holds them without any endorsement thereon — the board 
prior to such judgment having issued bonds to the full amount author- 
ized by said act. 

Held : The Board of Education is not liable thereon to said pur- 
chaser. 

Judgments of the District Court of Common Pleas reversed. 



APPENDIX D. 



CHAPTER IX. SECTION 4008. 
COLORED SCHOOLS. 

DECISION OF UNITED STATES DISTPaCT COURT THEREON. 

The following clear and authoritative exposition of the subject 
matter of this section is deemed of sufficient importance to be 
placed within the reach of all boards of education in the State : 

UNITED STATES V. BUNTON. 

( United States Circuit Court, District of Ohio. February 21, 1882.) 

1. Civil Rights Act. — Excluding colored child from public school. A 
schoolmaster excluding a colored boy from a public school is not liable 



SCHOOL OFFICERS GUJDE. 



167 



Appendix D. 



to indictment under the federal statutes, unless he does so on accourut 
of color ; claiming to act under some authority of law of the State. 

2. Ibid. — Ibid. — Colored Schools. The legislature of a state may law- 
fully appropriate separate schools for the education of white children 
and the children of negroes, and where a colored school is thus set 
apart, and is reasonably accessible to the negro children, and properly 
appointed with teachers, it is the duty of a negro child to attend such 
school, and not the school set apart for white children. 

This was a prosecution instituted against the defendant as superin- 
tendent of the district school in Washington township, Clermont county, 
for refusing the son of a colored man admission to that school, which 
is attended by white children ; the defendant claiming that there, was 
a colored school in the vicinity accessible to this boy, and to which he 
should be sent. 

Baxter, J., in delivering the charge to the jurj% said: ' "The mere 
fact that this defendant excluded this colored boy from the privileges 
of his school would not constitute an offence. There must be more 
than that. He must have excluded him from his school, and he 
must have done that under some color of law, or statute, or 
ordinance, or regulation, or custom of the state. It requires an 
exclusion, and also that that exclusion should be for the reason 
which the law gives, on account of his color, and the person 
who thus excludes must be acting, or claiming to act, under some 
authority of law of the state, local law, custom, regulation, or statute, 
or ordinance. If, therefore, the defendant did exclude this colored 
boy from his school, if this colored boy was a resident of the district, 
and if he had a right to go to that school, and if this defendant excluded 
him from the school, claiming to do so under authority of the statute 
which provided for a separate school for colored people, or under some 
regulation, or custom, or ordinance of the state, and excluded him be- 
cause he was a colored boy, or for some other reason, he might have 
been spiteful towards him, and excluded him for some other reason, — 
if he excluded him under color of authority, and because he was a 
colored boy, then the court instructs you that he would be guilty and 
you ought to find him guilty, unless you should find in his favor upon 
the question of fact. 

I have stated to you, gentlemen of the jury, that under our consti- 
tution and laws the negro has the same rights as the white man ; pre- 
cisely the same rights in all respects. He is subject to the same obli- 
gation, duties, and liabilities, and that right has been secured by the 
amendments to the constitution. This was a public school ; and 
whether this negro, the father of the boy that was excluded, pays 
much or little tax, he is bound to contribute to the support and main- 
tenance of that public school ; and, doing that, he has a right to have 
his children educated at the public expense in the same way and to 



168 OHIO SCHOOL LAWS, 



Appendix D. 



the same extent that white children are educated, no more and no less. 
The legislature of Ohio has authorized the establishment of public 
schools ; that is to say, they have authorized the classification of these 
school-children, and have authorized the negroes to be educated 
separately, in one school, separately from the white children, and the 
white children separately from the negro. Now, that is no wrong to 
the negro. The legislature has a right to do that. If you find upon 
the facts of this case that such a school had been provided, which 
afforded like facilities as to the one to which he went and claimed ad- 
mission, reasonably accessible to him, not exactly, 1 don't put it upon 
the ground of exactly as accessible, but if the colored school was estab- 
lished in good faith, supplied with a competent teacher, corresponding 
in a reasonable degree with the qualifications of the white teachers of 
the country, and reasonably accessible to this negro, it was his duty 
to go to the colored school, and if he refused to go there, and claimed 
admission into the white school and was excluded, he has nothing in law 
to complain of. But if you find, as a matter of fact, that this colored 
school was so remote — too remote for the child of this black man to 
attend without oppression, or without going over unreasonable and 
unusual distances ; that the school board or trustees of the district — 
trustees, whoever they may be, whose duty it was to provide these 
schools — had placed this negro at a disadvantage with his white 
neighbor — material disadvantage ; had required of him, in order to get 
his education, more than they required of others — to travel over 
this greater distance, which was unusual, they had not provided for 
him the same accommodation, the same facilities, the same conveni- 
ences, or something approximating them, that he could obtain in his 
home school, if I may so term it, the school nearer to him, then, and in 
that event, he had a right to go to this white school ; for if the law is 
not enforced in that way, you will see at once that by this claim of 
right to classify or send the negro to one place and the white man to 
another, or provide accommodations or educational facilities for the 
white man that you do not give the negro, the inequalities and the in- 
justice and the wrong that are inflicted upon the negro, and the viola- 
tion of that constitutional amendment which was intended to give him 
protection. Now that is the question of fact that you are to determine, 
and if you find that that school was sufficiently near home, that it was 
well appointed, well provided with teachers, reasonably accessible, the 
court instructs you that this defendant would not be guilty ; but if, on 
the other hand, you find the reverse, then the court instructs you that 
he had a right to enter this white school. The issue, and the only 
issue, is, whether this colored school that had been provided, and 
which the statute had authority to provide, was reasonably accessible, 
and gave to this boy the same facilities, educational facilities, that he 
could have obtained at the other ; or something approaching it. If it 



SCHOOL officers' GUIDE. 169 



Appendix E. 



did , then this defendant is not guilty ; if it did not, then the court instructs 
you that, upon your finding that fact, he would be guilty as he is 
charged in the indictment. 

The jury disagreed as to the facts referred to in the charge, and tvere dis- 
charged. 



APPENDIX E. 



CHAPTER IX. SECTION 4009. 
HIGH SCHOOLS. 

In most of the cities of Ohio there has prevailed an earnest and 
often a reasonably liberal sentiment regarding the support of high 
schools. In some of these cities, perhaps, in most of them, there has 
arisen, from time to time, however, a disposition to discuss adversely the 
propriety of this measure. A few newspapers have boldly announced 
the policy of limiting the operation of the public schools to the sup- 
ply of the merest rudiments, not of education, which they have denied 
the policy of attempting to give, but of a knowledge of those mechan- 
ical instruments for gaining, recording, and communicating informa- 
tion, and for performing the simplest commercial calculations, such as 
are entirely common to all classes of our citizens. 

It is perhaps sufficient to say of this sentiment, that when the school 
system is once narrowed to this purpose, there is no longer any valid 
argument for its support at all. If I must expend my money merely 
to teach my neighbor's children "to calculate change," or to write 
letters to friends, why should I not, with the same propriety, be called 
on to give " change" to those who, through ignorance, have lost it, or 
to hire a man to write letters for him who has failed to learn how to 
write ? And if my money must go for these, why not for any other 
conveniences my neighbor may have neglected to provide for? The 
very essence of this argument is communism, pure and simple. It 
has no foundation in reason. 

The argument for the support of our common' school system, as we 
have already seen, is based on the nature of society and the State, 
each as an organized body of interactive, interdependent elements, 
each part or element suflFering if other parts sufficient to effect the 
general condition of society are morally disordered, or fail to perform 
their functions in a reasonably healthy manner. In this view, each 
person, as well as society and the State, is interested in the intellect- 



170 OHIO SCHOOL LAWS. 



Appendix E. 



ual and moral condition of every individual. Each person is more 
safe in his possessions and enjoyments in proportion as everj^ one 
is capable of seeing clearly his duty to the State and to society, and 
is moral and intelligent enough to be willing and able to perform that 
duty well. Indeed, as even monarchs are beginning to learn, no per- 
son is safe in the possession of life, friends, liberty, property, or 
delights of any kind, .except as the aggregate elements of society are 
so far xaised above the brute, and into the sphere of humanity, as to 
understand and affect the conditions on which human happiness 
depends. On this broad principle, and on no narrower ones, can the 
support of public schools by taxation be justified. 

Within these organic necessities, there is large room and large liberty , 
in the administration of a system of education, to give play to the feel- 
ings of humanity and to promote other subordinate interests, which, 
though desirable and worthy, are nowhere general enough to constitute 
an unquestioned basis for State or National institutions. The several 
industrial and commercial interests, for example, in so far as they de- 
pend on the education of their votaries, and since they are great social 
interests, cannot properly be lost sight of in conducting the details of 
a State system of education once established. Indeed, it may be said 
that the industrial and commercial, as well as the religious interests 
and the interests of collegiate and university education, are essential 
to the Avell being of society. It has even been said that the State is as 
much called on to conduct these as she is to conduct the educational 
enterprises of the people. 

The first proposition is granted, and the second would be, but history 
and experience establish this important distinction. Individuals are 
always found in every communitj^ who are even more interested in 
the several industrial and commercial interests than the State is. 
Hence, there is never any danger in leaving these interests to be con- 
ducted by individual enterprise. It is better to do this, since to social 
and patriotic motives for an intelligent and faithful management of 
these interests, is added that of direct and positive personal interest. 

But of education it can hardly be said that any one is so much in- 
terested as the State, except, perhaps, the child himself, who is too 
young to secure his own and the State's interest in this regard. The 
interest of any parent in the education of his child, is precarious and 
distant, at best, as compared with that of the State. The parent may 
die, or the child may become estranged from him. The State neither 
dies nor is separated from the child or the man. Besides this, even if 
the motive in any given case for the parent to educate his child, is 
strong, poverty, sickness, or death may intervene to prevent it. The 
State's interests in the matter are so intimate that she can afford to 
take no risks in the premises. Hence she has felt compelled to under- 
take this work of education, and she is carrying it on. Individuals 



SCHOOL OFFICEES' GUIDE. 171 



Appendix E. 



and communities are left no choice in the matter. She has stepped in 
to occupy the ground. 

Under these circumstances, the sole question left us to consider is, 
how far is it now necessary that the State shall carry this enterprise ? 
Let us see. Observation and statistics will show that to a considerable 
proportion of the community the school period extends from the age 
of six to that of eighteen years. Let us suppose that the State quits 
her work at the age of fourteen years. To complete the ordinary 
course of study required in reasonably intelligent communities, it be- 
comes necessary to establish private schools. These established, in 
any but the largest cities, there results an immediate struggle for ex- 
istence, or, at least, a natural and constant efiort to enlarge the income 
of these schools. The well-to-do, who are sending their elder children 
to the private schools, are soon induced to send their younger children 
to the same schools. If the weight of what is called the "best 
society" falls into the scale, this furnishes another incentive to leave 
the public schools for the private schools. To the public schools are 
soon left, then, the younger members of the poorer families — persons 
who are often too hardly pressed to give much attention to public 
matters, and not always possessed of influence enough to defend their 
individual or related interests effectually. The public schools soon 
fall into a neglected, ineffective condition. The interest of the "better 
classes" is more and more estranged from them. The policy of limit- 
ing appropriations for them and of restricting still more their scope, 
is established, and they become unheeded, ragged schools and public 
nuisances. 

This is no fancy picture. It but describes the condition of the public 
schools in the cities of Ohio and other States before the adoption of 
the union school system, with its provisions for grammar and high 
schools. Neither can the communities nor the State afford to take the 
risk of thus promoting class distinctions. The tendency in any coun- 
try to set class against class is strong enough for all purposes. It is of 
vital importance to guard against the evils of this tendency. The 
public schools of America are great levelers in society, but they level 
up, and not down. Many years of observation in the school-room 
leave the clear impression in my mind that the contact of different 
■classes never produces a desire on the part of the well bred and well 
brought up classes to change conditions with the uncultivated and 
vicious. The influence of home culture is almost invariably strength- 
ened by the responsibility of contact with those who exhibit marked 
■evidence of the absence of it. On the other hand, the advantages of 
culture early impress themselves on the minds of those who lack it, 
and the relations of school life are such as to furnish constant motive 
and constant occasion for acquiring culture. 

Indeed, one of the objections urged against the support of high 



172 OHIO SCHOOL LAWS. 



Appendix E. 



schools arises from its asserted tendency to create a desire for culture 
on the part of the laboring classes, to such an extent as to unfit boys 
and girls for their station in life, to lift them, it is eaid, above the dis- 
position to labor. These considerations open out to questions of great 
significance in this country. In so far as it implies a disposition to 
deny to the so-called laboring classes the means, the opportunity, and 
the privilege of rising into any condition to which men aspire in the 
world, and to which with effort they can attain, it is unamerican, and 
not entitled to the least respect or consideration. It is one of the 
points of safety in our institutions that men should be free to strive 
for any and all of the. real advantages of life. A man who occupies 
an elevated position in society, whether he obtained it through inher- 
ited advantages, or by his own effort, has no more right to concern 
himself adversely with the efforts of any other human being to attain 
to an equally elevated position, than the man below him has a right 
to machinate and conspire for his downfall. All the advantages of 
civilization are the common property of all who can honestly attain 
them ; it is a boon achieved for ail, by a great common effort of the 
best elements of humanity. 

So far as these assertions suggest criminality in those who, in their 
efforts after the blessings of culture, are sometimes led to eschew 
manual labor, especially unskilled labor, they open up still more im- 
portant questions. If all of the insignia of culture were real, and not 
arbitrary and conventional, if the possession of merit were all that 
was required- to signalize it, the strongest ground for this accusation 
against popular education would remain. So long as the horny hand 
and other insignia of manual labor are held at a discount among 
really cultivated people, the aspirants for the advantages of culture 
will avoid manual labor. The expression " above work" is often used 
in this connection. In reality the path away from work is not an up- 
ward leading path. " My father worketh hitherto, and I work." The 
man who is too proud or vain to work is going down rather than up. 
But it is difiicult to stem the current that sets strongly in favor of 
soft hands. When the pew and the parlor are as accessible to well 
endowed, well educated mechanics and agriculturists, as to clerks and 
accountants, the school system will be greatly relieved of an inordinate 
draft towards the specialties of writing and arithmetic. But neither 
the schools, nor, in a sense, the young men and maidens who attend 
them, are chiefly to blame in this matter. It would be well if this 
evil could be arrested. I cannot even guess how it can be done ; cer- 
tainly not by doing away with the means of educating even the labor- 
ing class. The most of these children of mere laborers could find 
little or no employment with their parents, who are without capital, 
and the alternative is presented to give them the school or see them 



SCHOOL officers' GUIDE. 173 



Appendix E. 



swell the ranks of idle vagabonds, forming habits of utter idleness 
and vice for life. 

Another argument sometimes used against the propriety of support- 
ing high schools, is that comparatively few boys are found among the 
graduates. While it is probable that the paucity of boys in these 
schools may often be accounted for without disparagement to them, 
since many of them are, out of necessity, at trades, and a few are 
probably attending schools that prepare them more directly for col- 
lege than most of our high schools can afford to do, it is yet to be re- 
gretted that more boys do not remain to graduate. From my own ob- 
servation and from conversations with scores of young men who have 
thus remained, I feel fully justifi«d in saying that none of those of my 
acquaintance, who have resisted the temptation to break out of school 
at an early day, and have taken the full course, have had any occasion 
to regret it. The same cannot be said of those who have left the school 
before graduation. 

But supposing the boys do leave, is that a sufficient reason for .dis- 
continuing the high school ? As civilization advances the imiportance 
of women's intelligent relations to it, becomes more and more manifest. 
They are the natural teachers of the younger children of the schools 
at least, and no teacher is really fitted to teach without at least the 
mental discipline and knowledge of science, especially of mental 
science, which are only obtainable in the upper classes of the high 
school. 

But besides all this, every woman is to be the head of a household, and 
is likely to have in charge for by far the largest number of their waking 
hours, the culture of the youth ot the State. (Jan the State better 
employ its means than in securing to the future mothers of her chil- 
dren, their guides and inspirers by day and night, the thorough edu- 
cation of all their ])Owers? The State should be most devoutly thank- 
ful to every young woman who will withdraw from the giddy allure- 
ments toward which there is so strong a drawing in most communities, 
and devote herself to a thorough preparation for the work of ed- 
ucating at the hearthstone the future citizens of the State. It would 
be a sublime spectacle if we could see every young woman in the land 
possessed of an earnest desire to prepare herself to perform this hu- 
mane and patriotic duty well. With a thoroughly educated woman in 
every house, the husbands of Ohio would scarcely feel themselves the 
losers, though a very considerable outlay of the wealth of the State 
had been required to produce this result. 

There are hundreds of townships in Ohio where the best talent of 
the ^State is attending what are called primary sub- district schools, 
taught by transient persons who expect to remain in the school but a 
single term, and whose work indicates how fully they appreciate their 
irresponsible relations to it. If the young ladies and gentlemen of the 



174 OHIO SCHOOL LAWS. 



Appendix F. 



townships could have the instruction of a good, permanent teacher 
who could direct their minds to the study of physical science and 
natural history, or general history and literature, these persons, the 
neighborhood, and the State, would be great gainers. 

Again, there are hundreds of townships at or near whose center 
there is a village of from 800 to 1,500 or 3,000 inhabitants, and which 
center is maintaining a small high school at an expense which is con- 
sidered burdensome perhaps. There are many young people 
outside of the village and within the township who should be 
enriching themselves and the State by attending this same high school. 
If the township system were adopted, so that this high school could 
be supported by the whole township, all parties concerned would be 
greatly benefited. I have talked with many citizens who had enjoyed 
or witnessed this latter system in New London, and I have heard 
nothing but commendation of its advantages to individual pupils, and 
to the general interests of the village and township. 

It is scarcely necessary to dwell on the importance of the high school 
as a means of educating the teachers of the State. A very large pro- 
portion of the teachers in any community must, for a long time, re- 
ceive their preparation for this work near their homes. It is presump- 
tuous and foolish to say that a person can teach a common country 
school well, who has only attended such a school himself taught by 
one who has in his turn been so educated. The high school is the 
cheapest, and, indeed, in most cases, the only means of properly ed- 
ucating these teachers. 



APPENDIX F. 



CHAPTER IX. SECTIONS 4023-4029. 
SCHOOL ATTENDANCE. 

THE DUTY OF BOARDS OF EDUCATION TO ENFORCE THESE SECTIONS 
OF THE LAW. 

These sections are believed to be dead letters in very many commun- 
ities in Ohio, and nearly inoperative in the great majority of school 
districts. This condition of things has a far-reaching significance. In 
a republic the instruments of government are necessaril;^ taken from 
all classes of the people. By the frequent changes in officers depend- 



SCHOOL officers' GUIDE. 175 

Appendix F. 

ing on the popular will, a very considerable part of each class is called, 
in turn, to exercise some of the functions of government. The tem- 
porary and contingent character of the responsibilities thus assumed 
by each individual, tends still further to diminish the chances that 
these citizens shall ever thoroughly appreciate the necessary functions 
of an officer of the republic : — the formulation in law, and the execution 
as laiv, of the principles of justice, right, and expediency, as these 
principles are developed in the current thought of the age. As to 
what is this current average opinion, the action of a majority of 
all the members elected by the people to represent their opinions in 
the Legislature, is, in theory, conclusive. Our patriotism andfratern- 
ity have heretofore been able to achieve such wonderful successes, 
however, that we have dared to ignore, .in our relations to government 
many of the plain principles of political science, and even of prudence. 
When laws have been passed, after full discussion, and abundant op- 
portunity for popular protest, executive officers, grand juries, and 
even judges in their capacity as guardians of the law, and prompters 
to its execution, have seen fit to exercise their individual judgments 
as to the necessity and justice of certain of these laws. Especially is « 

this true as to laws regarding the promotion of general interests like 
the above. 

"TheH6erwm veto" or "'privilege of a single deputy to annul the 
action of the diet," was insisted on in Poland until it consummated 
the ruin of that State. No one has yet been bold enough to announce 
this privilege of individual veto as one of the postible principles of a 
republican form of government, and as applicable to every citizen of 
the republic. It is certainly no presumption to say that the continued 
exercise of such a prerogative by each individual would be considered 
exceedingly hazardous to the State, unless each freeman was known to 
entertain very adequate views of justice and expediency, and was very 
honest in his intention to promote the general welfare. 

The simple fact, however, is that these provisions of the law have 
become of little or no effect under the actual exercise of this unrepub- 
lican prerogative. It may, therefore, subserve the public interest to 
inquire whether there are any reasons why these sections should have 
been enacted, and why they should not now be exercising an active force 
among our instrumentalities for educating the people. 

Two reasons for the existence of our common school system ajDpeal 
to different minds with varying force. Some wise and good men hold 
that " the right to the rudiments of knowledge is a common, natural 
right of humanity." By others, as we have seen, the common school 
system is regarded as a necessary means of securing good government 
and the blessings of liberty, and thus the success and happiness of 
mankind. The ordinance of 1787 declares, " Religion, morality, and 
knowledge being necessary to good government and the happiness of 



176 OHIO SCHOOL LAWS. 



Appendix F. 



mankind, schools and the means of education shall forever be encour- 
aged." We have seen that the Constitution of 1851, accordingly, pro- 
vides that " the General Assembly shall make such provision ■■' * "■■■ 
as will secure a thorough and efficient system of common schools 
throughout the State." 

If the first of the above mentioned views is regarded as true, then 
it is certainly the duty of the State, through its officers, to see to it that 
to each child is secured this "common natural right of humanity." 
This obligation to secure the rights of citizens is, indeed, among the 
essential reasons -for the maintenance of government by taxation and 
otherwise. Each child — see the 14th amendment to the United States 
Constitution, also Walker's American Law, pages 143 and 144 — is an 
individual citizen before the law. separate and apart from the citizen- 
ship of his or her parent or guardian. As such, he possesses the 
common, natural rights of citizenship and of humanity, even as against 
the disposition or will of his parent or guardian. In case these, his 
natural protectors, are negligent or obstinatelj^ unwilling to secure 
these rights to the young citizen of the republic, he has no power to 
enforce them during that period of his life in which alone their exer- 
cise would give him that leverage upon the future which early oppor- 
tunities for education are calculated to secure. This inability is all the 
more serious, in that it includes a want of power even to judge of the 
existence of these rights, and to know the value of them. The courts 
of justice in all civilized countries customarily recognize all these con- 
ditions in the life of a child, an<i, in all cases which are brought within 
their jurisdiction, they recognize their obligation to see that these 
rights are fully secured to him. Nowhere do the records of courts of 
justice furnish evidence of neglect in this matter. 

Again, were a humane person to deprive one of his fellow-men, even 
by accident or neglect, of the partial use of any one of his senses, the 
recollection of the incident could never cease to occasion pain. But 
the aggregate advantage to a capable mind, of a wisely directed, though 
incipient training of the several intellectual and moral faculties, is 
scarcely exaggerated by this suggested comparison. "Religion, mor- 
ality, and knowledge being necessary to good government, and the 
happiness of mankind, schools and the means of education shall be 
forever encouraged." These are the pregnant words in which the 
most enlightened of the fathers of the commonwealth have couched 
their conception of the significance of this elementary training. It has 
all this significance to every child, and according to the above 
view, every child has a right to the excellences and enjoyments which 
naturally result from this training. Impelled by these consiiierations, 
in part at least, the Legislatui'e has furnished the authority to act. In 
accordance with this view, no good reason can be found for the repeal 



SCHOOL officers' GUmB. 177 

Appendix F. 

of this law. Does it not also furnish weighty considerations for its 
enforcement by every school officer in Ohio ? 

The more pregnant and far-reaching truth, however, on Avhich to 
rest the argument for forcing the unwilling or negligent elements of so- 
ciety to co-operate in the effort to bring every child within the in- 
fluence of our educational ad vantages, is suggested in the second proposi- 
tion above stated. A free society, like the organized man, is itself also 
organized, with all its members living, interactive, and interdependent. 
It is like the organized family, whose peace, happiness and success 
depend upon the harmonious relation of its parts, and which, divided 
against itself — one part barbarous, degraded, the other civilized, culti- 
vated, cannot stand. It has its more or less perfect type in a well or- 
ganized industrj^, wherein the final results depend on the proper con- 
struction and finish of each minute and essential part that is hereafter 
to Avoi'k in close relation to every other part of a complicated and pow- 
erful machine. 

This idea was fully appreciated by the founders of this free Repub- 
lic. Their dogma of popular government included the notion that dif- 
ferent members of society could be so developed and informed that 
they would be able to discern their true individual relations to, and 
dependence on, free and orderly conditions in the State. They be- 
lieved that under the restraints of self-government, aided by " schools 
and the means of education," the people Avould gain such discipline as 
would bring their activities into harmonious ai^d willing obedience to 
enlarged intellectual and moral convictions. They knew that this im- 
plied universal education. They advocated the importance of exhaus- 
tive measures for furnishing the means of elementary instruction to 
every individual. The patriotic addresses of Story and Webster, of 
all the fathers, in short, teem with arguments on this subject. They 
were thoroughly convinced that -self-government was forever impossi- 
ble to a people who could not be raised to these conditions. Through 
confidence in, and reverence for, the lofty convictions of these great 
men, as well as from their own sense of the necessities of the case, our 
legislatures have given us the public school system, and tax-payers 
have consented to furnish the means of educating every child in the 
community. The implied conditions of this gift of means are that all 
children shall be thus started in the rudiments of culture. 

It is not a question of setting each child on his feet in relation to 
gaining his daily bread, as is too often implied in the newspaper re- 
ferences to our public school system, and which admit also the right 
and duty of the State to scrimp the system to the meanest limits possi- 
ble. The fathers would never have dared to demand the support of 
schools by taxation for any such purpose. The duty of the State to 
provide for citizen culture, of course, includes the duty to consider the 
details of instruction in their relations to industrial success, since 

12 



178 OHIO SCHOOL LAWS. 



Appendix F. 



mastery in some calling is one of the essential conJiiions on Avhicli the 
culture of the greatest number of our citizens depends, and since the 
power to achieve respectable conditions in society, and to do one's 
part in advancing the arts, and supplying the community with the 
conveniences of civilized life, is itself one of the essential qualifications 
of the average citizen. But the justification for taxing wealth to sup- 
port schools lies in the broader statement of the ordinance, as quoted 
above. 

To the student of history the question of a permanently successful 
popular government is a serious question. The ideal Republic of 
Plato presumed far less upon the possibilities of general culture than 
that of Jefierson and Washington has done. He fixed the functions of 
government in two comparatively small classes of citizens. The coun- 
selors of State were, of course, to be versed in the philosophy of 
government and to be largely capable of rendering wise and saving 
advice. The military, executive, or guardian class were to be thor- 
oughly trained in gj^mnastics, not only, but also in all the knowledges 
and virtues of a man, that all these powers might become subject to 
reason. Especially was this training enjoined, since from thi§ class 
the counselors of State were to be taken, and for this j)urpose 
only the best and wisest were to be selected. Nothwithstanding 
this, however, the third class were to be trained to know and to 
obey the principles of justice, a term of much wider signification in 
Plato's discourses than in our present use of it. This training was 
necessary so as not to Binder unity of purpose and action, as the only 
source of safety and permanence in the Eepublic ; just as the training 
of the individual to wisdom and virtue can alone secure the harmoni- 
ous exercise of the collective mental faculties. 

The founders of our government chose to give it the form of a Re- 
public in which both the first and second classes above referred to, 
were to be selected from all classes of the citizens. It is much to say 
that each individual is, by law, eligible to any ofiice. But, since the 
officers are lew, as compared with the whole mass of the people, it im- 
ports more to say that each individual in all the classes is entrusted 
with the right to judge of the qualifications which fit a man for a leg- 
islative, executive, and, now in these later days, for a judicial ofliice. 
With the ordinary incentives of an active civilized age, there is little 
danger that men enough to fill the offices shall not actually be prepared 
to fill them well. This would be still further assured in proportion as 
it became more certain that none but the thoroughly qualified would 
be selected for the offices. When all is done that can be done, then, 
to educate the last individual in each community, our institutions will 
still be subject to immense strains, especially since it is the policy of 
the times to add yearly to our population immense numbers of those 
who are unacquainted with the discipline of freedom and its institu- 



SCHOOL officers' GUIDE. 179 



Appendix F. 



tions, and of those who shuw IIllIo desue or capacity to adopt our 
civilization. 

To these considerations of universal patriotic interest will be added, 
with vaiious degrees of force for different minds, others of a still 
higher character. To others, again, will be suggested those interests 
which each cultivated family must feel in the development of all the 
possibilities of each individual in the community, as instruments for 
multiplying the resources for rational judgment. Still others will feel 
the force of motives derived from our relations to other progressive 
nations who are putting forth every effort to lead in the arts of civili- 
zation and progress. 

In short, every consideration of personal, political, and moral interest fur- 
nishes the strongest reasons for seeing to it that every parent and guardian in 
the land be compelled, if necessary, to secure to his child the rudiments of an 
education. The schools themselves should be nurseries of this senti- 
ment, so that in each generation the habit may be more firmly estab- 
lished. 

The manifested zeal of school officers to see that every wise- provision of law is 
well executed, ivill itself have great significance in pressing this conviction 
upon other minds. 

The management of no other interest furnishes more pressing occa- 
sions for the exercise of the highest qualities of mind and heart than 
that of education. Much time intervenes between its seed times and 
its harvests. The present urgencies of other interests and false esti- 
mates as to the value and importance of this, interfere on all sides with 
the steady and regular performance of these duties. None but those who 
place a high estimate on the results of school work, and who have been 
disciplined " to labor and to wait " for seeming slow returns, are likely 
to give to them proper thought, and secure from them proper effort. 

Not only should the lav/ of these sections be fully executed, but it 
should be enlarged into a thorough and efficient compulsory system. 
To those who shrink from the notion of compulsion in this 
country, it seems only necessay to say, that our school system al- 
ready involves compulsion of tax-payers of the most rigid character, 
in that it brooks no refusal to pay large sums of money for its support, 
and in that it absolutely prevents in all but a few wealthy communi- 
ties the building up of efficient private schools, where cherished indi- 
vidual ideas may be realized in the education of our own children. 
To direct this compulsion to securing the attendance of all children 
would be but just to those already yielding to the necessities of the 
public weal. Every child within the jurisdiction of the school laws of 
the State should attend school as much as he can under the circum- 
stances in which he is placed ; and nothing but the physical or mental 
condition of the child should be a barrier in the way of this. 

Let laxness in the execution of wholesome laws begin with the 



180 OHIO SCHOOL LAWS. 

Appendix F. 



school board, and will not the teacher find it exceedingly difficult to 
keep up the discipline of his school ? If pupils may, without efTective 
restraint, absent themselves from school whenever the teacher at- 
tempts to bring them into the atmosphere of serious school duties, 
then will the persons most needing these influences, in great measure, 
fail of their benefits, and the community will be in so much the lo&er. 

THE VALUE OP EXCLUSIVE ATTENDANCE ON SCHOOL DUTIES SOMETIMES 
OVERESTIMATED. 

This reasoning is, of course, only intended to apply to those cases in 
which a law is found to be necessary to secure school attendance for a 
reasonable length of time. It is by no means established as necessary, 
or even best, for all children to attend school every day of the full 
school year and every year of the school going age. If a child can be 
employed in some light, systematic business or manual labor, involv- 
ing some responsibility, or dexterity, or both, a part of some of their 
years, attending a good school the remainder of the time, he is not un- 
likely to be better prepared for his various relations in society, while 
he may, in the end, be as thoroughly the master of his school-book 
themes, as if he had been constantly bending over his books. 

Experience shows that it has not always been an vmmixed evil that 
the death of a parent has thrown upon children some of the active 
duties and responsibilities of life, provided that these have not been 
burdensome and exhausting, to the exclusion of all opportunity for 
following some scholastic pursuits during a portion of each year. It 
is well known that such necessities, resulting from any cause, often 
conduce to the formation of the s.trongest characters, and as often, 
perhaps, to the broadest and clearest intelligence. 

Yet all this is no argument for neglecting to bring every youth in 
the land, during a large portion of his school age, under the whole- 
some inflvience of wisely directed school discipline. Nothing can 
adequately compensate the common mind for the loss of this. Some 
very great men may have illustrated exceptions to this rule. But very 
great men, so constituted, are themselves exceptions to the general 
rule, and need not be taken into account in any system of education. 

While "book learning" is only a part of the outfit for a successful, 
comfortable, and orderly life, it is, in these days, an essential part of 
such life. While it only in 'part fits a man for his social and civil 
duties, society and the State sufler from every case in which one of its 
members fails to be brought under the restraining, and the formative 
and informative influence of school wca'k. 

Section 4025 makes it obligatory on each board of education to ascer- 
tain the conditions of certain children, and to report all violations of 
this chapter to its clerk, " who shall at once proceed to prosecute each 



SCHOOL OFFICEES' GTJffDE. 181 



Appeiiuiji. Gr. 



and every offense." Tf — section 4028 — the clerk neglects to perform 
this duty, he is liable to a fine of twenty dollars for each case of such 
neglect, on the complaint of any person feeling aggrieved thereby. 

Section 4026. Boards of education may provide books for children 
whose parents are unable to procure them. This, of course, must be 
understood to include stationery, pens, pencils, slates, drawing-books, 
and whatever the children are required to furnish in order to conform 
to the regulations of their respective classes. 

Section 4029 seems to authorize the attendance of pupils on the 
schools half of each day. As each board of education is, by sections 
3985, 4013, 4017, and others, authorized to make such rules and regu- 
lations as it may deem expedient for the government of pupils, it is 
presumed that pupils are subject to the order of the board regarding 
such attendance. Boards of education will not be likely to allow 
pupils habitually to attend school half a day, without a specific order 
in each case, based upon such reasons as will obviate dangerous pre- 
cedents. 



I 

APPENDIX G. 



Reference is made to the following section of the Revised Stat- 
utes under section 4043 : 

Sec. 6841. Whoever, being charged with the collection, receipt, safe- Embezzle- 
keeping, transfer, or disbursement of the public money, or any part aifofflcers^^ 
thereof, belonging to the state, or to any county, township, municipal 
corporation, or board of ediu'yiion, in this state, converts to his own 
use, or to the use of any ntiier person, body corporate, association, or 
party whatever, in any way whatever, or uses, by way of investment 
in any kind of security, stock, loan, property, land, or merchandise, 
or in any other manner or form whatever, or loans, with or without 
interest, to any company, corporation, association, or individual, or 
deposits with any company, corporation, or individual, any portion of 
the public money, or any other funds, property, bonds, securities, 
assets, or effects of any kind, received, controlled, or held by him for 
safe-keeping, transfer, or disbui-sement, or in any "other way or man- 
ner, or for any other purpose, shall be deemed guilty of embezzlement 
of so much of the money or other property thus converted, used, in- 
vested, loaned, deposited, or paid out, and shall be imprisoned in the 



182 






S. & C. 1610. 



penitentiary not more than twenty-one years nor less than one year, 
and fined in double the amount of money or other property embezzled, 
which fine shall operate as a judgment at law on all of the estate of 
the party sentenced, and be enforced to collection by execution or 
other process, for the use only of tiie owner of the property or effects 
so embezzled ; and such fine shall only be released or entered as satis- 
fied by tne party m interest as aforesaifj? [56 v. 44, 'i 15.] 



APPENDIX H. 



AN ACT 



Relating to boards of education for village and special school districts in 
Hamilton county. 

Section 1. Be it enacted by the General Assembly of the State of Ohio, 
That in viilage districts, in the county of Hamilton, the board of edu- 
cation shall consist of five members, except in districts organized under 
a law providing for only three members, who shall have the qualifica- 
tion of an elector therein , and in such districts the membership may 
be increased to five, and only one member shall be chosen at the next 
annual election for school officers, to serve for three years ; and annu- 
ally thereafter, two, except every third year, when only one judicious 
and competent person shall be elected, and if the board consists 
of three members, one such person shall be elected each year; 
provided, that in each special district in said county where the board 
of education now consists of six members, there shall be chosen at the 
next annual election for school officers, by ballot, on the second Mon- 
day of April, one member to serve for three years, and annually there- 
after two members to serve for three years, except every third year, 
when only one person shall be elected to serve for three years ; five 
days' notice shall be given of such election. The members of such 
boards now in office, and those hereafter elected, shall serve until their 
successors are elected and qualified ; provided further, that the first 
election under this act in village districts shall not take place until the 
first Monday of April, 1884. 

Passed April 5, 1883. 



SUGGESTIONS 



FOR A SET OF 



RULES AND KKGULATIONS 



GOVERNMENT OF THE BOAED OF EDUCATION, ITS OFFICERS AND 
THOSE UNDER ITS CONTROL OR CARE. 



Note. — The brackets [ ] are here used to indicate that the item may be 
omitted, or other proper words substituted. 

ORGANIZATION. 

1. This board shall organize in the manner prescribed by sections 3980 and 
4042, Revised Statutes. At the meetiing for such organization it shall elect a 
chairman for each of the following standing committees, and the president shall 
appoint [two] others of the same, viz. : 

1. Committee on Teachers, Janitors, and Salaries. 

2. Auditing and Claims Committee. 

3. Committee on Publication and Supplies. 

4. Committee on Course of Study, Text-books, and Apparatus. 

5. Building Committee. 

6. Committee on Ways and Means. 

7. Committee on Fuel. 

8. Library Committee. 

9. Committee on Rules and Regulations, 

DUTIES OP THE PRESIDENT. 

It shall be the duty of the president to preside at all sessions of the board, 
preserve order, enforce the rules ; sign all bonds, agreements, deeds, or 
leases ordered to be executed by the board ; sign all warrants drawn on the 



184 OHIO SCHOOL LAWS, 



Rules and Regulations. 



treasurer* ; appoint all standing committees and special committees, when not 
otherwise provided for. 

DUTIES OF PRESIDENT PRO TEM. 

In case of the absence, or disability of the president, a president pro tem. shall 
be elected to preside at the current meeting, whb shall do and perform all the 
duties of the president. 

QUALIFICATION AND DUTIES OF CLERK OF THE BOARD. 

1. The official bond of the clerk of the board shall be in the penal sum of 
dollars, with at least two sureties to the acceptance of the board, to be 



conditioned that he shall perform all duties required of him to the satisfaction 
of the board. Eevi?ed Statutes, section 4050. 

2. He shall prepare and post, or publish, all notices of elections and of 
meetings of the board of education, as' required by the president of the board, 
or by law, sections 3909, 3911, 3917, ."922, 3925, 3932, 3933, 3947, 3958, 
etc., etc., and shall notify new members of the meeting for organization of the 
board, and members of committees of the meetings thereof, Avhen required. 

3. He shall attend all regular and called meetings of the board, and such as 
are prescribed by sections 3917, 3928, 3940, 3984, and shall call the roll at the 
beginning of every meeting; note what members are present and who are ab- 
sent, and keep a full and fair record of all proceedings of the board, under 
the immediate directioii of the president, and make any such corrections and 
amendments as the board may order, and shall preserve and file all papers re- 
lating to the business of the board. He shall read, at the opening of every 
meeting, the minutes of the last preceding meeting. He shall, under the direc- 
tion of the chair, read all papers to be submitted to the board. 

4. To aid in consulting the proceedings, he shall regularly enter on the outer 
margins of the current journal, opposite each order, report, new rule, or other 
important matter — a brief, but pertinent indication of the subject-matter, and 
the action thereon. 

5. [He shall index the record. This index shall contain among its captions, 
the following headings : 

1. Resolutions, giving current number, object, date, and page of record. 

2. Report, with separate headings for each standing committee and each 
officer, and one heading for special committees jointly, giving current number, 
object, date, and page of record. 

3. Rules, giving current number, object, date, aud page of record. 

4. Contracts, giving current number, subject, date, and page of record.] 

* See exception, sees. 4018, 4047. 



SCHOOL officers' GUTDF. 1S5 

Rules and Eegulatious. 

6. He shall attest all public acts of the president, affix thereto, when nec- 
essary, tlie seal of the board, and shall draw all orders or warrants, ordered by 
the board, present them to the president for inspection and signature, and shall 
countersign the same. 

7. He shall present to the chairman of each committee a statement of the 
business, and all applications, resolutions, and propositions referred to the same, 
with such books, plats, and documents in possession of the board as the respec- 
tive committees may from time to time direct. 

8. He shall take into his possession all deeds, books, letters, and other papers 
belonging to the corporation, and keep the same in good order, subject at all 
times to the order of the board, or the examination of any member thereof, and 
shall lay before the board, at each meeting, all letters or other documents left 
with or directed to him for that purpose. He shall keep the books and ac- 
counts of the public schools in the manner designated by the board. 

9. The clerk shall keep a regular docket, and place upon the same all re- 
ports due at certain periods, pursuant to the rules or resolutions of the board. 
He shall likewise place upon the docket all resolutions, reports, applications, 
and communications which are referred to committees or officers, whether such 
reference is made with or without instruction for reporting an opinion, for ac- 
tion, or with power to act ; and he shall keep all such matters referred upon the 
docket until the same are disposed of by report and action of the board, or by 
default, and shall lay them before the presiding officer at each scission. 

10. He shall make out all accounts for moneys due this district, and shall 
collect the same, or deliver them to the person designated by the board to col- 
lect the same, and shall furnish to the board, at each regular session, a statement 
of receipts and expenditures. He shall pay over to the treasurer, at least once 
in each wecl', all inoiieys collected or received by him for Lhe Ooaxd. He shall, 
at the end of each fiscal year, make out a report of the financial condition of 
the board, together with a statement of the lands in its possession, whether held 
in fee simple or under lease. 

11. The clerk, under the direction of the president, shall keep, or cause to 
be made out and kept, a complete register of all the bonded indebtedness of the 
board, showing date of authority and object of each issue; date, number, 
amount, rate of interest, and time and place of payment of both principal and 
interest as to each bond ; the person or persons to whom delivered, and the time 
when, and by whom, redeemed and canceled. 

12. It shall be the duty of the clerk to possess himself of such information 
as may be useful to the board or to any person having business with it. He 
shall keep the plats of all real estate of the public schools, representing upon 



186 OHIO SCHOOL LAWS. 



Rules and Regulations. 



these plats the actual condition of the real estate, or of schools and buildings 
thereon. 

13. He shall receive and register, for the inspection and examination of the 
auditing committee, all accounts and bills presented against the board ; and in 
this register of bills he shall, for each bill, refer to the proper record, author- 
ity, or rule upon which such bill is based, giving, in every instance, date, page, 
and time of record, or page and number of rules. He shall also report to the 
board upon the condition of all accounts, books, plats, and indexes, at the re- 
gular session next preceding the session at which the report of the quarterly ex- 
amination by the auditing committee is due. 

14. He shall see that every matter referred to any officer, or committee, is 
duly endorsed and promptly placed in the proper hands for consideration, and 
for report, also if that is required. 

15. The accounts of the board shall make separate showings of receipts, 
by the year, of money from the following sources respectively: " State School 
Fund ;" " Fines and Licenses ;" " Section Sixteen ;" ' ' School Property Sold ;" 
" Contingent Tax Levy" (under section 3958, present school law) ; " Bonds of 
the Board ;" "From Tuition ;" " From all other Sources."' 

16. The disbursement side, for the same period, shall show amounts 
paid out "To Superintendent of Schools;" "To Teachers;" "To Janitors;" 
"To Clerk of the Board;" "To Superintendent of Buildings; " On New Site ;" 
(what ones ?) and separately for * ' Improvements, Fixtures, Furniture, Musi- 
cal Instruments, and Repairs;" "Heating Apparatus "on each site; "For 
Fuel" to each house; "School Supplies" to each house; "For Insurance;" 
"Educational Apparatus and Library Books;" "Books and Stationery for 
indigent pupils ;"" Blanks and Printing;" "Gas;" "All other Supplies" to 
each house separately; " To Redeem Bonds ;" "Interest on same ;" "Postage ;" 
"All other disbursements." 

17. For each period a balance shall be struck between receipts and disburse- 
ments, and carried forward from year to year. 

18. He shall take, or appoint a person to take, the enumeration of youth 
in the district according to sections 4032 and 4084, and shall certify the same 
to the county auditor, section 4035. 

19. He shall prepare and forward the annual returns and reports, section 
4052. 

20. He shall certify to the county auditor the annual estimates, sections 
3960-3963. 

21. He shall prepare and post, or publish the annual statement, section 
4053. 



SCHOOL officers' GUIDE. 187 

fiules and Kegulations. 

22. He shall hold his books subject to inspection as a public record, section 
3984. 

23, He shall deliver up to his successor all books and papers, section 4054. 

DUTIES OF TREASURER. 

1. It shall be the duty of the Treasurer to receive aud keep the money and 
money obligations of this district, and to pay out money upon warrants drawn 
by the president and countersigned by the clerk, and not otherwise.* 

2. He shall keep a correct and comprehensive account of all moneys by him 
received and disbursed, in a book to be kept for that purpose, subject to the in- 
spection of any member of the board ; he shall render a statement to the board 
monthly, and oftener if required ; and he shall make such statements and pay- 
ments to the county auditor as the law requires, see sections 4044-49. 

3. He shall give bond, in the sum of dollars for the faithful perform- 
ance of his duties, with such security as shall be approved by the board. 

COMMITTEE ON TEACHERS, JANITORS, AND SALARIES. 

1. This committee shall have the supervision of the examination of all ap- 
plicants for situations as teachers, and keep a book of record of the same for the 
inspection of the board. 

2. They shall, with consent of the board, adopt such rules in regard to the 
qualification of teachers as may be deemed proper. 

3. They shall, [in connection with the superintendent], make nominations 
to fill new situations whenever they occur, subject to tlie approval of the board. 

4. They shall visit the [high] school as often as practicable, examine into 
the discipline and mode of instruction of each teacher, note the progress made 
by the several classes, and report to the board at the end of the year the names 
of the pupils recommended for graduation. 

5. They shall make all necessary arrangements for the care of the school 
buildings and premises, and recommend for appointment all janitors and engin- 
eers required by the board, or the dismissal of the same whenever in their opinion 
the interests of the schools require it, subject, however, to the approval of the 
board. They shall have power and authority to prescribe,- regulate, and alter 
the duties of said employes. 

6. They shall inspect, as often as practicable, the several school-houses and 
note their condition in respect to cleanliness, ventilation, heating, and general 
sanitary regulations, and recommend to the board from time to time such meas- 
ures as they deem conducive to the welfare of the schools. 

■••■ See exception, section 4047. ^ 



188 OHIO SCHOOL LAWS. 



Rules and Regulations. 



AUDITING COMMITTEE. 

1. It shall be the duty of the auditing committee to examine [monthly], and 
oftener if required, every bill or claim presented to the board for payment ; to 
examine the treasurer's and clerk's books and accounts, and report thereon 
at the [first] regular sessions [in April and September], and oftener if re- 
quired ; and no claim of any amount for money due from the board is to be 
paid or settled until the same has been examined by them and submitted to the 
board for its action thereon ; and no officer connected with this board shall pay 
any money (or sign any check, warrant or bond in lieu thereof) on any demand 
until it has been approved as above stated ; but this section shall not extend to 
contracts expressly made by the board, nor to salaries, nor to bills amounting to 
less than [one hundred] dollars ordered by the building committee for repairs, 
nor to bills of [ten] dollars and under, which are to be paid out of the contin- 
gent fund; [but all bills paid on account of contracts, salaries, and from the 
contingent fund, shall be placed monthly before the auditing committee 
and examined by the same, and reported on at the next regular session of the 
board]. All certificates of committees on bills originating in contracts shall 
designate the contract under which the same was approved by the board. 

2. All bills which are presented for auditing or payment to committees or 
officers of the board, shall contain the date of presentation, name of the party 
to whom payment is due, designation of merchandise or the kind of service ren- 
dered, the amount due, in numbers and words, the certificate of correctness of 
the proper authority, and a blank receipt, to be filled out and signed upon pay- 
ment. The outside of each blank shall be appropriately headed as ' ' Public 
School Voucher," with the proper date, the number of the voucher, the name 
of the receiver, the amount, and the signature of the iiuditing committee. 

3. All the bills presented for auditing shall be couiitersigned by the proper 
committee or authority which gave the order for the same, 

COMMITTEE ON PUBLICATION AND SUPPLIES. 

1. It shall be the duty of the committee on publication and supplies to ex- 
ercise a general supervision over the purchase, distribution, and consumption 
of the supplies used in the schools. 

2. [It shall be their duty to advertise for proposals for furnishing the various 
supplies in the month of July of each year, or sooner if deemed necessary, and 
all contracts shall be reported to the board for approval.] 

3. It shall be their duty to supervise the printing of all reports, forms, 
blanks, etc. , required by the various departments of the schools under the board, 
[to secure bids for such work, and to make contracts for the same, under the 
sanction of the board.] 



SCHOOL officers' GUIDE. 189 

Eules and Regulations. 



COMMITTEE ON COURSE OF STUDY, TEXT-BOOKS, AND APPARATUS. 

The committee on course of study, text-books, and apparatus, shall have, [in 
connection with tlie superintendent], the general direction of the course of 
study, and the selection of the text-books and apparatus to be used in the pub- 
lic schools, subject ahvays to the sanction of the board. Any change proposed 
in the course of study, or any proposition for the introduction of a new text- 
book, shall be referred to this committee for consideration and report. 

BUILDING COMMITTEE. 

1. It shall be the duty of the building committee to take charge of all build- 
ings, and, whenever any new building is wanted, to suggest the best plans and 
mode therefor ; to have charge of all buildings during their erection, and gen- 
erally to study the most economical as well as the most commodious changes 
that may be necessary for the comfort and welfare of all the schools under their 
jurisdiction. The committee shall report, at the first session in the month of 
November, such plans for the erection and enlargement of schools as, [in 
accordance with the report of the superintendent], they may deem necessary in 
order to meet the increased demand for school room by the month of Septem- 
ber of the next scholastic year. 

2. They shall, in the month of May, and oftener if required, examine into 
the state of the buildings belonging to this board, and report what fixtures, 
painting, repairs and alterations may be required, and furnish an estimate of 
the cost of the same ; and any repairs, the cost of which exceeds [one hundred] 
dollars, shall not be allowed without the sanction of the board ; but said com- 
mittee shall be empowered to order repairs whenever the same are necessary for 
the protection of the property of this board. 

COMMITTEE ON WAYS AND MEANS. 

1. It shall be the duty of the committee on ways and means to report to the 
board, at the beginning of each fiscal year, the receipts and expenditures of the 
past year, together with an itemized estimate of the probable receipts and ex- 
penditures of the current year. 

2. They shall, at the close of each fiscal year, examine the books of the 
board, and recommend such change of system in the keeping of the accounts 
and records as they may deem advisable. 

COMMITTEE ON FUEL. 

1. The committee on fuel shall carefully consider and estimate to the board, 
in writing, all kinds and quantities needed, and the probable cost of each kind 
of fuel for each house for the next ensuing school year. 



190 OHIO SCHOOL LAWS. 



Rules and Eeeulations. 



2. All fuel to be used for the board siiail be carefully inspected and weighed, 
or measured, as the case may require, by the chairman of, or by some person or 
persons to be selected by the committee on fuel, before it shall be deemed 
accepted by the board. 

LIBRARY COMMITTEE. 

It shall be the duty of the library committee to take into consideration all 
matters pertaining to the library, and devise means for increasing the useful- 
ness of the same in the schools and in the community at large, and report the 
same to the board quarterly. 

COMMITTEE ON RULES AND REGULATIONS. 

1. It shall be the duty of the committee on rules and regulations to consider 
and report on all matters pertaining to the change or alteration of the rules for 
the government of the board or of the schools under their charge ; and all prop- 
ositions made with a view to the amendment of the rules, or to the introduction 
of new regulations, shall be referred to this committee for report. 

2. They shall from time to time, whenever the rules are to be published in 
the annual report, prepare such revisions and modifications of the rules and 
regulations as they find necessary for the proper codification of the same, and 
submit them to the board for action. 

MISCELLANEOUS. 

1. Any employe of the board who shall become interested in any contracts 
entered into by this board, shall be immediately dismissed from the service of 
the board. 

2. All officers of the board, at the expiration of their term of service, or on 
being removed, shall respectively deliver over to their successors in office all 
books, papers, and money that may be in their hands belonging to this board. 

3. [The non-attendance of any member for [two] consecutive regular ses- 
sions, of which the usual notice has been served upon him, may be construed by 
the board as a resignation of his seat, unless he is prevented from attending by 
sickness or absence from the city, or for a reason satisfactory to the board, and 
proper steps may be taken to fill such vacancy, as in cases of resignation.] 

SESSIONS OF THE BOARD AND RULES OF ORDER. 

1. The stated sessions of the board shall be held at the office of the board, 
on the [second Tuesday in each month, commencing at 8 o'clock p.m.], except 
the meetings prescribed by law. 



SCHOOL officers' GUiDE. 191 



Rules and Reafulations. 



2. The jjiesident, or any two members of the board, may call special sessions 
by giving [three] days' notice in writing to the other members of the board, and 
stating the object of paid call ; but no business other than the special business for 
which it has been called shall be transacted at such session. 

3. The president, upon taking the chair, shall call the members to order, on 
the appearance of a quorum. The order of business of every session, except 
when otherwise directed, shall be as follows : 

a. Roll-call. 

b. Reading of record of last session. 

c. Reading of letters and communications. 

d. Reports from clerk, treasurer, [superintendent], [superintendent of build- 
ings.] 

e.. Reports from standing committees in their order as named in these Rules. 
/. Reports from special committees. 
g. Unfinished business. 
h. New business. 

4. All special committees shall be called upon for report by the president 
whenever their report is due, and any special committee failing to report at such 
time, or in the next two sessions following thereafter, shall be considered dis- 
charged, unless extension of time is granted. 

5. No person, other than a member or officer of the board shall, unless by 
permission, be allowed to make any communication to the board, except in 
writing, and such permission must be unanimous. 

6. No motion shall be subject to debate until it has been seconded and stated 
by the chair. It shall be reduced to writing at the request of any member of 
the board. When a motion has been made and seconded, the same may be 
withdrawn by the mover at any time before a vote has been taken on the same. 

7. When a question is before the board, no motion shall be received, except, 
1, to adjourn ; 2, to lay on the table ; 3, to close the debate ; 4, to refer; 5, 
to postpone indefinitely ; 6, to postpone to a certain time, or 7, to amend ; and 
the motions shall take precedence in the order above named ; the first, second 
and third shall be decided without debate, and second and third by a two-thirds 
vote. Any member may call for a division of the question, when the same 
admits of it. 

8. When the board has decided to close the debate, the vote shall be taken 
first on the amendments that may be pending, and next on the main question. 

9. The president shall decide all questions of order, subject to an appeal to 
the board by any member. In case of appeal, the question shall be : SImU the 
decuion of the cluiir he sustained f and, until it is decided, all debate upon the 
pending question shall be suspended. 



192 OHIO SCHOOL LAWS, 



Rales and Regulations. 



10. The reconsideration of a vote may be moved at the same session at 
which the vote was taken by any member who voted with the majority, but 
such motion shall be decided at that,* or at the next regular session, and a matter 
thus finally decided shall not be revived within a period of three months, unless 
by the consent of a two-thirds majority of the board. 

11. The yeas aad nays shall be called and entered on the record whenever 
demanded by two members of the board, and every member shall have the 
privilege of having his vote and reasons therefor recorded on any and every 
question, if so desired. 

• 12. No member shall be allowed to give his vote on any question after the 
result has been announced by the chair, unless by unanimous consent; but any 
member may, after the annouucement of the result of a vote by the chair, and 
before the statement of a new question, call for a division. 

13. When a member is about to speak on any question, he shall arise and 
address himself to the president, confine himself strictly to the point in debate, 
and avoid personalities. 

14. No member shall speak more than [five] minutes at any one time on 
any motion under discussion, nor more than on-ce until all other members choos- 
ing to speak shall have spoken, nor more than tuice to the same question, with- 
out consent or the board. 

15. No member shall be interrupted Avhile speaking, unless by a call to 
order. If a member be called to order, he shall immediately take his seat until 
the point is decided by the chair. 

16. No member shall leave the board before the close of the session without 
permission of the president. 

17. All resolutions and orders of the board, contrary to, or inconsistent 
with, any of the foregoing rules, are hereby repealed. 

18. None of the foregoing rules shall be repealed or altered unless two-thirds 
of all the members vote lor the repeal or alteration ; nor unless upon motion 
made in writing for that purpose at the previous meeting of the board. 

, \ TEACHERS. 

1. Each teacher is required to have a copy of these regulations at all times 
in his or her school room, and to read to the pupils, at least once in each term, 
so much of the rules as will give them a just understanding of the rules by 
which they are to be governed. 

2. It shall be the duty of the teachers to make themselves familiar with the 

*A session adjourned continues as one and the same session. 



SCHOOL officers' GUIDE. 198 

Rules and Regulations. 

school regulations, and to adopt such measures as will, if possible, best secure- 
their observance. 

3. Teachers shall have the immediate care of their respective school-rooms^ 
and be held responsible for the preservation of all furniture and apparatus 
thereunto belonging. They shall co-operate with the other teachers in securing 
good order in the halls, on the stairways and about the school premises. 
• 4. They shall attend all regular and special meetings called by the proper 
officer, and no excuse for absence will he allowed other than such as would justify ab- 
sence from aregidar session of their school. 

5. It shall be the duty of teachers to exercise constant supervision and care 
over the general conduct of their pupils while at school, and, as far as possible^ 
to exercise an influence over them on their way to and from school, and they 
are especially enjoined to avail themselves of every opportunity to inculcate 
the observance of correct manners, habits, and principles. 

6. They shall, to the utmost of their ability, inculcate in the minds of their 
pupils correct principles of morality, and a proper regard for the laws of society 
and for the government under which they live ; but no sectarian or partisan in- 
structions shall be given in the schools. 

7. It is expected that teachers will constantly maintain discipline in the 
schools. 

8. They shall have the right in extreme cases and when all other measures are 
exhausted, to inflict corporal punishment, but boxing and shaking are for- 
bidden. In inflicting this punishment, care must be taken that it is not done- 
in a passion. 

9. Those teachers who are most successful in controlling their pupils without 
the use of corporal punishment, other qualifications being sufficient, shall be 
awarded by the board a higher degree of appreciation, and receive the prefer- 
ence over all others in promotions and appointments. 

10. The roll-call of deportment is forbidden, and no teacher shall ask or 
allow any pupil to report his behavior for the day or any part thereof. 

11. Teachers may require excuses from the parent or guardian, either im 
person or by written note, in all cases of absence or tardiness, or of dismissal, 
before the close of school. 

12. Teachers may retain pupils in their rooms during recess for disorderly^ 
conduct on play grounds, but for no other cause. They may be retained after- 
school in the evening, not to exceed thirty minutes. 

13. Whenever the unexcused absences of any pupil during any term shall 
amount in the aggregate to seven days, he shall be reported to the [directors] ^ 
and the teacher may suspend him until the opinion of the [directors} can be 

13 



194 OHIO SCHOOL LAWS. 



Rules and Eegulations. 



taken. For this purpose, an unexcused absence or tardiness for half a day or 
less, and for more than one hour, at any one time, shall be deemed a half day's 
absence ; and such absence or tardiness for more than half a day at one time 
■shall be reckoned as an absence for a whole day. 

14. In any case of gross misconduct or willful insubordination endangering 
the good of the school, the teacher may suspend a pupil, and shall immediately 
notify the [directors] who shall forthwith meet and consider the matter, and if 
they approve the action of the teacher and think the case calls for further pun- 
ishment, they may expel the pupil from the school. 

16. Teachers shall punctually observe the hours for opening and closing 
the schools, and are required to be in their respective rooms for the reception 
of their pupils fifteen minutes, both forenoon and afternoon, before the time 
prescribed for commencing schools, 

17. Every teacher shall give vigilant attention to the temperature and 
ventilation of the school-room, and shall see that the doors are opened at each 
intermission, for the purpose of changing the atmosphere of the room, and that 

■ drafts of cold or of heated air are guarded against while pupils are not exer- 
cising. He shall require his pupils to take proper exercise, and shall encour- 
age healthful play at recesses, but he shall strictly prohibit all dangerous and 
immoral games and amusements. 

18. In all schools where there are primary pupils, it is recommended that 
•exercises in free gymnastics and suitable vocal and ' 'hreatldng excercise" be given 
daily. 

19. Teachers shall have the right, and it shall be their duty, within reason- 
.able limits, to direct and control the studies of their pupils; to arrange them 
in proper classes, and to decide, subject to these rules, and the law of the 
State, what and how many studies each shall pursue. 

20. The teachers in the public schools of this district may dismiss all pupils 
•under eight years of age after a four hours session each day, or, where that is not 
practicable, may allow to pupils of that age recesses of such length that the 
.actual confinement in the school-room shall not exceed three hours and a half 
per day. 

21. Teachers are required to keep their registers neatly and accurately, 
and shall make monthly reports of their respective rooms in accordance with 
the blank forms prepared for that purpose, and deliver them to the proper 
•officer at the time prescribed by him. 

22. Teachers shall use a daily program, prepared by themselves, or pre- 
scribed for them. They shall keep this, with the daily talalet, constantly on 
their blackboard. 



SCHOOL officers' GUIDE. 195 

Rules and Eegulations. 

23. Teachers obliged to be absent from their school-rooms, for any cause, 
for a period of one-half day or more, shall at once notify the proper officer. 

24:. Teachers are expected to attend all Teachers' Institutes held under 
authority of law in this county. But they shall not be required to attend 
more than one Institute in each year, and their attendance during term time 
shall be subject to the action of the proper authorities in dismissing the schools. 

25. The teachers may, for the purpose of obsei'ving the modes of discipline 
and instruction, take two days each year to visit other public schools ; but such 
visiting days shall not both be taken in the same quarter, nor till provision, 
satisfactory to the school authorities, has been made for the proper care of the 
pupils under their immediate charge. 

26. No teacher shall resign without giving two weeks' Avritten notice to the 
president of the board, in default of which all compensation for that length of 
time may be forfeited. This shall not apply to cases of severe sickness. 

27. The salary of teachers shall be deducted pro rata for absence, except in 
cases of sickness of teachers, [when half-pay shall be allowed:] Provided, how- 
ever, That no deduction shall be made for two days' absence during the half- 
quarter, caused by death in the family, [and that said half-pay shall not extend 
for a longer period than five weeks.] For the purposes contemplated in this 
rule, a teacher shall be considered as absent whose attendance at school shall 
not continue for at least one-half of the regular session. 

PUPILS. 

1. Pupils are expected to commence their attendance promptly at the be- 
ginning of each term, to attend regularly and punctually, and to conform to 
all the rules of the school ; to obey all the directions of the teachers, to observe 
good order and propriety of deportment, to be diligent in study, respectful to 
teachers, and kind and obliging to school-mates; to refrain entirely from the 
use of profanity and vulgar language, and to be neat and clean in person and 
clothing. 

2. Any pupil who shall cut or otherwise injure any school-House, or injure 
any fences, trees, or out-buildino^s belonging to any school, or shall write any 
profane or obscene language, or make any obscene pictures on the school 
premises, shall be liable to suspension, expulsion or other punishment, accord- 
ing to the nature of the ofiense. 

3. No pupil shall be allowed to retain connection with any public school, 
unless provided with books, slate and other things required to be used in the 
classes to which he is assigned ; but no pupil shall be excluded for this cause 
unless the teacher shall have given one week's previous notice to his parents or 



196 OHIO SCHOOL LAWS. 



Rules and Regulations. 



guardians, of the articles needed. Indigent pupils may be supplied with books, 
etc., at the expense of the district, and under the direction of the proper officer. 

4. Pupils affected Avith contagious diseases shall not be allowed to remain in 
any of the -public schools. 

5. The names of all those pupils of the public schools of this district, who, 
at the close of any term, shall be found to have been exceptionably regular in 
their deportment, or diligent in their studies, shall be inscribed by the teacher 
upon suitable Rolls of Honor, and displayed in some prominent and safe place 
in the school-room. 

6. At the close of each term the pupils shall attend the term examination, 
and shall be regularly examined by their teacher in the presence of such com- 
mittee as may be appointed, and who may desire to attend such examinations, 
and a record of the standing of all pupils in the more advanced classes shall be 
entered on a register furnished by the school authorities, and returned to them 
at the end of the year. Such register shall also contain the result of the 
teacher's marking and judgment of the class recitations of such pupils, during 
the term. 



FORMS AND INSTRUCTIONS. 



[Note. — The following blanks are, in a great measure, the same as given in 
previous editions of the school law, with such revisions and alterations as con- 
formity with the present law renders necessary.] 

CHAPTEK I.— FOEMS FOR SCHOOL DIRECTORS. 

[For enumeration forms, see Chapter III.] 

I. NOTICE OF SUB-DISTRICT SCHOOL MEETING, FOR THE ELECTION OF 

DIRECTORS. 

Notice is hereby given to the qualified voters of sub-district No. , of 

township, county, Ohio, that the next annual school meeting for the election 

of a school director in said district will be held at the school-house [or usual 

place] in said sub-district, on Monday, the day of April, 18 — , beginning at 

o'clock p:m. [a:m.], and closing at o'clock p:m. [a:m.]. 

, Clerk. 

Note. — [The above notice to be posted in three or more conspicuous places, at least 
six days prior to the election. Sections 3916 and 3917. 

When two directors are to be elected, one for three years, and one to fill the unex- 
pired term of a director who has vacated his office, this fact should be stated in the 
notice, and also on the ballots and tally-sheet.] 



II. POLL-BOOK 
Of the election held in sub-district No. , in the township of 



in the county 



of 



-, and State of 



-, on Monday, the day of April, in the year A.D. 18 — . 



A. B., Chairman, and C. D., Clerk, judges of said election, were severally sworn, 
as the law directs, previous to their entering on the duties of their respective offices. 



Number and names of electors. 


Number and names of electors. 


No. 1 




No. 5 
6 

7 
8 




2 






3 






4 













It is hereby certified that the number of electors who voted at this election is . 

, Chairman, 

, Secretary, 

Judges. 
See section 2960, Revised Statutes. 



198 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



III. TALLY-SHEET 
Of the election held in sub-district No. , in the township of 



-, and State of 



of - 

18 — , to elect a director for said sub-district. 



— , in the county 
on Monday, the day of April, in the year A.D. 





Names of candi- 
dates. 


Tallies, showing number of votes given for each 
candidate. 


Total. 





































































































We Certify 

That 

That 

That 

That 

That — 



had- 


— votes. 


had - 


— votes, 


had - 


votes, 


had- 


votes. 


had- 


votes, 



And that 



tion above mentioned. 



had votes for director of said sub-district, at the elec 



-, Chairman, 
-, Secretary, 
Judges. 



Note. — The poll-book and tally-sheet must be signed by the judges of the election 
before they separate. No signing after such separation is valid. They must be de- 
livered within eight days to the clerk of the township. Chapter IV, section 3917. 

IV. NOTICE OF SPECIAL SCHOOL MEETING FOR THE ELECTION OF 

SCHOOL DIRECTOR. 

Whereas, a vacancy has occurred in the office of school director in sub-district 

number , township, county, Ohio, in consequence of the [death, re-' 

, failure of qualified voters to meet and elect a local di- 



signation, removal of 

rector on the second Monday of April, 188 — , as prescribed by law, failure of 

to qualify as prescribed by lawl ; 

Therefore, we, the undersigned qualified voters of the sub district aforesaid, do 
hereby give notice that a special meeting of the qualified voters of said sub-district 
for the election of a school director,* for the [term of years, unexpired term of 



■•See note to form No. I. 



SCHOOL officers' GUIDE. 199 

Forms and Instructions. 

said ], will be held at the school-ho use [or usual place] of said sub-dis- 
trict on the day of , 188 — , from o'clock p:m. [a:m.] to o'clock 

p:m. [p:m.] 



See section 3919. 

V. MINUTES OF SUB-DISTEICT SCHOOL MEETING. 

Sub-District No. , 

Township, County, Ohio^ 

■ , 18-. 

At a meeting of the qualified voters of said sub-district, held on the second Mon- 
day of April, 188 — , [o7% if a special meeting, give other date} was appointed 

chairman, and secretary. 

"Whereupon, said voters proceeded to elect by ballot, one director of said sub-dis- 
trict, for the term of three yearsd [and one director for year, to fill the unex- 
pired term of — ] ; an upon inspection of the several ballots given at said 

election, it was found and publicly declared, that was duly elected [for 

the full term, and for the unexpired term.] 

, Chairman, 

, Secretary. 

Note. — [The clauses in brackets may be omitted when only one school director is 
elected.] [See note to form No. II.] 

VI. CERTIFICATE OF ELECTION OF SCHOOL DIRECTOES. 

To the Clerk of Township, County, Ohio : 

This is to certify that a meeting of. the qualified voters of sub-district number 

township, held on the second Monday of April, 188 — , [or, if special meeting ^. 

give other date'] was elected school director, for the term of three years. 

"Witness my hand. 

Clerk of Sub-District No. 

VII._ OATH OF SCHOOL DIRECTOR. 

On the day of , 188 — , personally appeared , and I then and 

there administered to him the following oath [or affirmatiori] : 

You, , do solemnly swear [or affirm] that you will support the consti- 
tution of the United States, and the constitution of the State of Ohio, and that you 
will faithfully and impartially discharge the duties of director, in and for said sub-dis- 
trict, number , township, county, Ohio, according to law, and the 

best of your ability. 

Director in said Sub-Districts 



200 OHIO SCHOOL LAWS. 



Forms and Instructions. 



VIII. APPOINTMENT OF SCHOOL DIRECTOR 

, , 188- 

Whereas, , one of the directors in sub-district number , — 



township, county, Ohio, has resigned, [died, or refused to serve, etc.,'] and no 

election having been held to fill such vacancy as prescribed by law. 

Therefore, I do appoint director in said sub-district, who shall hold 

his office until the time of the next annual meeting, and until his successor is elected 
and qualified. 



Clerk of said Toionship. 

IX. MEETING OF SCHOOL DIRECTORS. 

, , 188—. 



The school directors of sub-district number , township, county, 

Ohio, this day met at , and legally qualified by taking the requisite oath of 

office. 

Whereupon was appointed clerk of said sub-district. 

On motion, it was voted to employ as teacher, at $ per month, 

and that the next term of school commence, etc. 



Sub-district Clerk. 



X. CONTRACT BETWEEN DIRECTORS AND TEACHERS. 

It is hereby agreed between the school directors of sub-district No. , in the 

township of , in the county of , State of Ohio, and , a legally 

qualified teacher in said county, that the said is to teach in the public 

school of said sub-disdrict for a term [Jiere insert the time'], for the sum of dol- 
lars per month [per day], commencing on the day of , 188 — , and for 

such services, properly rendered, the said directors are to pay the said 

{monthly], the amount that may be due, according to this contract. 

Done at a legally convened meeting, and dated this day of , 188 — . 



Directors of said sub-district No. 



Teacher. 
See section 4018. 

XL CERTIFICATE FOR TEACHER'S PAY. 

To the Clerk of Township, County, Ohio : 

This is to certify, that , under a contract duly made and entered into, 

taught a common school in sub-district number , of said township, from the 



SCHOOL officers' GUIDE. 201 

Forms and Instructions. 

day of , 188 — , to the day of , 188 — , in all weeks, at 

per month ; and that there is due him for said service the sum of . 



Directors. 

XII. CONTRACT FOR FUEL, REPAIRS, ETC. 

This memorandum of an agreement, made this day of , eighteen hun- 
dred and eighty — , at a meeting legally convened, between , and 

■ , the directors of sub-district, number , township^ 



•county, Ohio, witnesseth: That said agrees to dehver at the schoo 

house in said sub-district, on or before the day of next, bushels of 

coal [or cords of wood] of a good quality, at cents per '^bushel [or $ per 

«ord.] 

And said directors ate thereupon to certify in favor of said , for the sum 

due for said fuel. 



Directors. 



Contractor. 

Note. — [All contracts made under section 3987, chap. 8, of the school laws must be 
reported to the township board at their next meeting.] See also sec. 3974. 



XIII. CERTIFICATE OF AMOUNT DUE FOR FUEL, ETC. 

, , 18-. 

' To the Board of Education of Township, County, Ohio : 

This certifies that has delivered at the school-house in sub-district 

number , township, bushels of coal, under a contract duly made 

and entered into, and that there is due him on said contract the sum of $ . 

Witness our hands. 



Directors. 



XIV. DISMISSAL OF TEACHER. 



Whereas, it has been represented to us, and on due investigation we have found, 
according to our best judgment and belief, that , who has been em- 
ployed and is now engaged in teaching a school in sub-district number , 



202 OHIO SCHOOL LAWS. 



Forms and Instructions. 



township, county, Ohio, is negligent {or here insert any other sufficient cause) as 

such teacher ; 

Therefore, is hereby dismissed as teacher of said school. 

Done at a legally convened meeting of said board this day of , 18 — . 



Directors of said sub-district. 

Or : Whereas, we have been required by the board of examiners of — county, 

to dismiss , now engaged as a teacher in sub-district number , 



township, and county aforesaid, the said board of examiners having revoked his cer- 
tificate for cause. 

Therefore, said is hereby dismissed as teacher as aforesaid. 

Done at a legally convened meeting of said board of directors this day of 

, 18—. 

Witness our hands. • 



Directors. 



XV. VISIT TO SCHOOL. 



This day the undersigned, local directors in sub-district number , town- 
ship, county, Ohio, in company with and , who were 

invited for the purpose, visited the school in said sub-district, taught by ^ 

and the following was the result of the examination and visit : 

They found, etc. {Here stt forth the opinion as to the management of the school, etc.) 



Directors- 



en AFTEB. II.— FOKMS FOR TOWNSHIP BOARDS OF EDUCA- 
TION. 

XVI. NOTICE OF MEETING TO VOTE A TAX FOE BUILDING PUEPOSES, 

Notice is hereby given by the board of education of township, county, 

0hio, that there will be a special meeting of the qualified voters of said township 

at , on the day of , at o'clock ., to consider the question 

whether a tax of hundred dollars shall be levied upon the taxable property 

of said township to purchase a school-house site and to build and furnish a school- 



SCHOOL officers' GUIDE. . 203 

Forms and Instructions. 

house [or for either of these purposes as the case may be} in sub- district of said 

township, the erection of the school-house being, in the opinion of the board, neces- 
sary, and the rate of tax which the law authorizes the board to levy being insuffi- 
cient for the purpose ; and the further questions whether the levy shall be made 
from year to year thereafter, and what amount shall be levied each year until the 
actual cost of such site and building is raised. 

By order of said board of education, 

^ , Clerk. 

, , 18S-. 

Note. — The ballot used at such an election may be something like the following: 

FOR TAX LEVY FOK SCHOOL SITE AND BUILDING. 

For levying tax to purchase site and erect thereon a school building, at a cost not 
to exceed $ . No. [Yes.] 

For levying this tax from year to year according to law, the levy in any one 

year not to exceed | , until the sum of $ and accrued interest is raised and 

paid. No. [Yes. J 

The above form may by slight alterationsjae adopted to cases in which other than 
township districts are interested. 

XVII. NOTICE OF SPECIAL MEETING OF TOWNSHIP BOARD. 

Notice is hereby given that there will be a meeting of the board of education of 

township, county, Ohio, on the day of at o'clock 

., at , to consider the question , and other business which may 

be considered necessary to transact. 

, Clerk. 

, , 188-, 

Note.— The purpose for which a meeting is called should be stated in the notice. 

XVIII. CERTIFICATES OF ANNUAL ESTIMATES. 

To the Auditor of County : , 

It is hereby certified by the board of education of township, county, 

that the entire amount of money necessary to be assessed on the taxable property, 
of said township, and expended therein, for school and school-house purposes, dur- 
ing the next school year, as directed by section 3958, of the revised statutes, is 

dollars, as follows : 

For continuing sub-district schools $ 

For incidental or contingent expenses 

For building purposes.... 

For payment of teachers in township school '. 

Total $ 

By order of Township Board, 

, Clerk. 

, ^, 188-. 



204 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



XIX. CERTIFICATE OF ANNUAL ESTIMATES FOR JOINT SCHOOL. 

To the Auditor of County : 

It is hereby certified by the board of education of township, county, 

Ohio, having charge of the school in joint sub-district number , composed of 

parts of and townships, that the amount of money necessary to be as- 
sessed on the taxable property of said townships, to pay the expenses of said joint 
school during the next school year, as directed by section 3961 of the revised statutes 
of Ohio, is dollars, as follows : 

TOWNSHIP. 

For continuation of joint school $ 

For payment of all other expenses 

Total : $ 

TOWNSHIP. 

For continuation of joint school $ 

For payment of all other expenses 

Total $ 

The number of youth enumerated in September last, in the respective parts of 

the townships included in said joint sub-district, was as folloM's: township, 

; townshii?, ; total, . 

By order of the Board of Township. 

, Clerk. 

, , 18-. 

Note. — [In case the townships having territory in a joint sub-district are situated 
in different counties, a copy of the above certificate of estimates should be sent to 
the auditor of each county.] 



XX. DIFFERENT MODES OF ALTERING SUB-DISTRICTS. 

Resolved by the board of education of township, That there be transferred and 

united with sub-district number — , so much of sub-district number — , as is bounded 
as follows : {describe boundary. ) 

Resolved by the board of education of township, That sub-district number — 

is hereby abolished, and there is hereby transferred to and united with sub-district 
number — , so much of the territory of said abolished sub-district as is bounded as 
follows: [describe boundary), and so much of said abolished sub-districts as is not 
lierein united with sub-district number — , is transferred to and united with sub- 
district number — . This resolution shall take effect on the day of , 188 — • 

Resolved by the board of education of township, That so much of sub-district 



SCHOOL OFFICEES' GUIDE. 205 



Forms and Instructions. 



number — , as is bounded as follows : {describe boundary), be cut ofl' frtm said sub-dis- 
trict, and that so much of sub-district number — as is bounded as follows : (describe 
boundary,) be cut ofl from said sub-district, and that the territory thus cut ofl" from 
sub-districts number — and — , respectively, is hereby consolidated and foimed into 
a new sub-district and designated sub- district number — of township. 

Resolved by the board of education of township. That sub-districts number — 

and — are hereby abolished, and that the territory included in said sub-districts at 
the time of their abolishment is hereby consolidated and formed into a new sub-dis- 
trict, and designated sub-district number — of township. This resolution 

shall take effect on the day of , 188 — . 

Note. — When a new sub-district is formed the township board should call a meet- 
ing of the qualified voters to elect local directors. [Chapter 4, section 3922.] 

XXI. NOTICE OF, ELECTION IN A NEW SUB-DISTRICT. 

Whereas, The board of education of township, county, did, at their 

last regular meeting, the third Monday of , abolish sub-district number — , (or 

sub-districts number — and — ) and form from the territory of said sub-district, and so 
much of sub-district number — as is bounded as follows: {describe boundary), a new 
sub-district, to be known as sub-district number — : 

Therefore, notice is hereby given to the qualified voters of said sub-district, thus 
organized and designated, that a meeting for the election of three school directors 

will be held at , on the day of , from — o'clock to — o'clock 

., said election to be conducted as prescribed in section 3922. 

By order of the Township Board. 

, Clerk, 

, , 18-. 

Note. — See remark {d) under section 3913. 

XXII. ORGANIZATION OF A JOINT SUB-DISTRICT SCHOOL. 

RESOLUTION OF BOARD TKAXSFERKING TERRITORY. 

Resolved by the Board of Education of Township, That so much of sub-district 

number as is bounded as follows : {describe boundary), is hereby transferred, if 

the board of education of township concur in such transfer, to the said town- 
ship for school purposes, to form with so much of said township as is bounded as 
follows: {describe boundary), a joint sub-district, the school-house therein to be situ- 
ated in said township. 

RESOLUTION OP THE BOARD RECEIVING THE TERRITORY TRANSFERRED. 

Resolved, That the board of education of township hereby concurs in the 

action of the board of education of township transferring so much of said 

township as is bounded as follows : {describe boundary), to this township for 

school purposes, to form with so much of the territory of this township as is 

bounded as follows : {describe bouudary), a joint sub-district with school-house in this 
■ township. 



206 OHIO SCHOOL LAWS. 



Forms and Instructions. 



XXIII. PETITION TO BOARD OF EDUOATIOX FOR^JOINT SUB-DISTRICT. 

[To be placed on file by the clerk of the board.] 

To the Board of Edacation of tovmship : 

, 18- 

Gentlejien : We, the undersigned electors, residing in the territory hereinafter 
described, do hereby most respectfully pray your honorable body to establish a joint 
sub-district [ special district, additional sub-district] embracing the territory bounded as 
follows: (describe the boundaries and set forth reasons causing this petition.) 

And thus the undersigned shall ever pray, etc. 



[Sections 3931, 3932, and 3946.] 

XXIV. CLERK'S NOTICE TO MEMBERS OF BOARD. 

-, , 18-. 

Dear Sir : You are hereby notified that a petition signed by , 



township [or townships], has been presented and filed, praying for the erection of 
a joint sub-district [special district, additional sub-dist^Hct] to comprise the territory 
bounded as follows: (describe the boundaries.) 

The board will meet on , the of , 18 — , at o'clock , 

for the pui'pose of considering the prayer of the petitioners. The presence of every 
member is desired. 

I , Clerk. 

[Chapter 5, section 3933.] 

Note. — [A notice, like the above, with a slight change required, must be sent 
"to the clerks of all other boards of education having jurisdiction over any of the 
territory sought to be affected : and such clerks, upon the receipts of such notice, 
shall in like manner give notice forthwith of the filing of such petition, and of the 
petition, and of the time and place of meeting to each|m ember of their respective 
boards.] [Chapter 5, section 3933.] 

XXV. PETITION TO PROBATE JUDGE. 

, , 18-. 

Hon. , Probate Judge of county. State of Ohio : 

Whereas, the boards of education of township, county, Ohio, and of 

township, in said county and state, having refused, at a meeting held [state 



time and jitace] to grant our petition [or having failed to meet within the time pre- 
scribed by law to consider our petition] praying for the creation of a joint sub-dis- 
trict [special district, etc.,] said petition having been filed with the clerk of said 

township board of education, as prescribed by law, on the day of , 18 — ; 

Therefore, we, the undersigned petitioners and electors, residents in the territory 
hereinafter described, do hereby most respectfully pray and petition you to appoint 



SCHOOL OFFICERS GUIDE. 207 

Forms and Instructions. 

three judicious, disinterested men of county, and not residents of tlie township 

[or townships or districts] to be affected by this petition, to consider the creation of 
a joint sub- district embracing the territory bounded as follows: [describe the boun- 
daries.] 

And thus we shall eA^er pray, etc. 



[Sections 3934 and 3938.] 

Note. — The above form may be readily adapted to cases as they may arise. 



XXVI. EEMONSTRANCE AGAINST JOINT SUB-DISTEICT. 
Hon. , Probate Judge of County, Ohio : 

Whereas, the boards of education of township, county, Ohio, and of 

of township of said county and state, at a joint meeting held on ^ — day of 

, 18 — , did establish a joint sub-district composed of territory lying Avithin the 

limits of said townships and bounded as follows : [descrihe hoiindary'] ; 

Therefore, we the undersigned petitioners and electors, residents of the territory 
thus described do hereby remonstrate against the action of such boards and do most 
respectfully pray and petition you to appoint three disinterested judicious men of 
county, not residents of the township to be affected by this petition to con- 
sider whether the action of said boards should not be set aside, for the following 
reasons, to-wit: \_gke reasons.'] 



Note. — In case the townships lie in different counties or a village or special district 
is affected, the above form may be changed to suit the circumstances. 

XXVII. APPOINTMENT OF COMMISSIONERS BY PEOBATE JUDGE. 

, , 18-. 



Mr. . 

Dear Sir : By virtue of authority conferred by law [section 3938 of the revised 
statutes of Ohio], and in response to a petition on file in this office, praying the crea- 
tion of a joint sub-district [sj^ecial dutrict, etc.] 

I hereby appoint you a commissioner to consider the prayer of the petitioners — a 
copy of which petition will be laid before you — and you are hereby notified and di- 
rected to meet the other two commissioners, appointed for a similar purpose, on 
the day of , 18 — , at o'clock at the school-house in sub-dis- 
trict No. , township, county [if not at school-house then designate 

the place], to consider the expediency of creating a joint sub-district [special dis- 
trict, etc.], and report to this office the result of your deliberations. 

, Probate Judge. 



208 OHIO SCHOOL LAWS, 



Forms and Instructions. 



XXVIII. REPORT OF COMMISSIONERS. 

, — , 18-. 

Hon. , Probate Judge of County, Ohio : 

Dear Sir : We, the undersigned commissioners, acting under your appointment 

and instructions dated the day of , 18 — , respectfully report that we met 

agreeable to notice and after due deliberation and consideration of facts have granted 
[or refused, as the case may be] the prayer of the petitioners, and have [not] established 
a joint sub-district, a plat and boundaries of which are hereby submitted, and have 
designated a site for a school-house [if there is no school-house within the boundarie& 
given.] 



Commissioners. 

[See section 3941.] 

Note.— [Forms XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, may easily be 
varied to apply to the "creation of an additional Jsub-district, or for changing the 
lines of sub-districts, or for the creation of special school district, or for changing 
the hues of special or village districts, and adjoining sub-districts."] [See section 
3946.] 

XXIX. ASSIGNMENT OF SCHOLARS TO CENTRAL HIGH SCHOOL. 

The board of education of township, county, Ohio, met this day and 

assigned the following scholars to the High School : 

From sub-district No. : 

A. B. 
CD. 
Etc. 

From sub-district No. : 

E. F. 
- G. H. 
Etc. 
{The assignment from each sub-dtstrict being specified in like manner.) 
By order of the Township Board, 



Clerh 



XXX. APPOINTMENT OF LIBRARIAN. 

, , 18-. 

The board of education of tpwnship, county, has this day appointed 

to act as Hbrarian, and to take charge of the school apparatus of said 



township, for term of year. 

By order of the Board, 

^ Clerk. 



SCHOOL officers' GUIDE. 209 



Forms and Instructions. 



XXXI. BOND OF LIBRAKIAN.® 

Know all men by these presents, that we, and , are held 

and bound unto the State of Ohio in the sum of hundred dollars, for the pay- 
ment of which we jointly and severally bind ourselves. Signed and sealed by us 
this day of , eighteen hundred and eighty — . 

The condition of^this obligation is such, that whereas, the board of education of 

township,' county, on the day of , eighteen hundred and 

eighty — , appointed and authorized said to act as librarian and to take 

charge of the school apparatus of said township district. 

Now, if said shall faithfully, honestly, and impartially, and in 

accordance with such rules and regulations as may, from time to time, be prescribed 
by said board, discharge his duty under and by virtue of said appointment, for the 
term of year, and until his successor shall be duly appointed, then his obligation 

shall be void. 

, [seal.] . 

, [seal.] 

Attested : 



XXXII. ORDER ON TOWNSHIP TREASURER FOR TEACHER'S PAY. 

, 18-. 

No. . 

To tlie Treasurer of ToionsMp, County, Ohio : 

Pay dollars for services as teacher in sub-district , of said township, 

from , 18 — , to — 18 — , in all weeks, at' per . 



ToumsMp Clerk. 



Received on the above order, , , 18 — , of , Township Treas- 
urer, the sum of dollars. 



-, Teacher. 



Note. — The above order should be countersigned by the president of the board in. 
case of a teacher of a. township high school. 

XXXIII. ORDER ON TREASURER OTHER THAN FOR TEACHERS' PAY. 

, 18-. 

No. . 

To the Treasurer of ■■ Township, County, Ohio. 

Pay , or order, dollars, for {specify for what purpose the money is^ 

paid) from the contingent school fund {or from tJie school building fund.) 

By order of the Township Board, 

, Clerk. 

, President. 



"••■This bond is authorized but not required by law. 
14 



210 OHIO SCHOOL LAWS. 



Forms and Instructions. 



Received on the above order, , , 18 — , of , Township 

Treasurer, the sum of dollars. 



Sae section 4047. 

XXXIV. WARRANTY DEED. 

Know all men by these presents : 

That , of the county of , and State of , in consideration 

of the sum of dollars to — paid by the board of education of township, 

in said county and State, the receipt whereof is hereby acknowledged, do hereby 

grant, bargain, sell, and convey to the said board of education, successors and 

assigns forever, the following real estate, situated in the county of , in the 

State of , and in the , and bounded and described as follows : 

\_ITere describe premises.} 

To have and to hold said premises, with all the privileges and appurtenances 

thereunto belonging, to the said board of education successors and assigns 

forever. 

And the said for — and — heirs, do hereby covenant with the said 

board of education, successors and assigns, that lawfully seized of the 

premises aforesaid ; that the said premises are free and clear from all incumbrances 
whatsoever; and that will forever warrani and defend the same, with the appur- 
tenances, unto the said board of education, its successors and assigns, against the 
lawful claims of all persons whomsoever. 

In witness whereof the said , who hereby release right of dower 

in the premises, hereunto set hand and seal this — day of , in the year 

of our Lord one thousand eight hundred and . 

Signed, sealed and acknowledged in presence of — 

, , [l. s.] 

, , [l. s.] 

, , [l. s.] 

State of , County, ss. : 

Be it remembered, that on this day of , A.D., 18 — , before me, a 

in and for said county, personally came the above named , the grantor 

in the foregoing deed, and acknowledged the signing and sealing of the same to be 

voluntary act and deed. And the said wi — of the said 

being at the same time examined by me, separate and apart from said husband, 

and the contents of said instrument being by me made known to then declared 

that did voluntarily sign, seal, and acknowledge the same, and that still 

satisfied therewith. 

In testimony whereof, I have hereunto subscribed my name and affixed my 

seal on the day and year last aforesaid. 



::rrocL crricrnc' zzizi:. 211 

Forms and Instructions. 



XXXV. LEASE TO SCHOOL DISTEICT. 

Know all men by these presents : 

That A B , of the county of , and State of , for the consideration 

herein mentioned, does hereby lease unto the board of education of the township 
of , county and State aforesaid, its successors .and assigns, the following prem- 
ises, to wit: [Her^ insert description'], with all the privileges and appurtenances there- 
unto belonging ; to have and to hold the same for and during^the term of years 

from the — day of , 18 — . And the said board of^education for itself and 

assigns, do covenant and agree to pay the said A B for^the said premises, the 

annual rent of dollars {^Insert date of pay7neni]. 

In witness whereof, the said parties hereunto set their hands and seals, this 

of , 18—. 

A B , [seal.] 

Lessor. 

■ -, [seal.] 

Chairman of the Board, 
, [seal.] 

Clerk. 
Signed, sealed, and acknowledged in the t.resence of— 



SMte of Ohio, Couniy, ss. : 

Before me, a in and for said county, personally appeared — — , grantor 

in the above instrument, and acknowledged the same to be voluntary act and 

deed, for the uses and purposes therein mentioned. 

In testimony whereof, I have hereunto subscribed my name and affixed my 

seal, this — day of , A,D. 18 — . 



Note. — If the lease be for three years or more, it must be acknowledged, attested 
by two witnesses, and recorded. If for a less term, it need not be executed with 
these formalities. See section 4112. The consideration may be money, or anything 
else, and the form varied accordingly. The above forim is for a long lease. 



210 



Jb'orms and instructions. 





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216 OHIO SCHOOL LAWS. 



Forms and Iiastructions. 



XL. TOWNSHIP TREASURER'S BOND. 



Know all men by tliese presents : That we, 



, are held and firmly bound unto the State of Ohio, in the sum of 

dollars, for the payment whereof we jointly and severally bind 

ourselves. 

Signed and sealed by us this day of , A.D, eighteen 

hundred and . 

Whereas, the said has been duly elected and qualified as treasurer 

of township, county, and State of Ohio, for the term 

of one year from the day of April, A.D. 18 — , and until his successsor is 

elected and qualified, and is therefore ex-officio treasurer of the board of education 
of the township district of said township. 

Now, the condition of the above obligation is such that if the said 

shall faithfully disburse, according to law, all school funds which come into his 
hands, then this obligation shall be void ; otherwise it s"hall be and remain in full 

force. 

, [seal.] 

■ -^ , [seal.] 

, [seal.] 

The above bond approved by said board this day of , A.D. 18 — . 

President of said board. 

> 
Clerk of said board. 
The State of Ohio, county, township, ss : 

Before me, , clerk of said township, personally came , 

who, being duly sworn according to law, says that he will support the constitution of 
the United States, and the constitution of the State of Ohio ; and that he will faith- 
fully discharge his duties as treasurer of the board of education of the township dis- 
trict of township, county, Ohio, during his continuance in said office, 

and until his successor is chosen and qualified. 

Sworn to before me and signed in my presence, on day of , A.D. 18 — . 



Township Clerk. 

XLI. CERTIFICATE OF TREASURER'S BOND. 

To the Auditor of county :' 

, 18-. 

It is hereby certified that has executed and filed with me a bond for the 

faithful disbursement, as treasurer of township, county, of all 

school funds that may come into his hands as such treasurer ; which bond, dated 

April — , 18 — , is in the penalty of dollars, and has been approved by the 

board of education of said township. 

Clerk of said township. 
Note. — [The above can be altered so as to apply to the bond of the treasurer of a 
separate school district.] 



SCHOOL officers' GUIDE. 217 

Forms and Instructions. 

XLII. TREASUHEE'S BOND. 

We hereby acknowledge ourselves firmly held unto the State of Ohio in the sum 

of dollars, for the payment whereof we jointly and severally bind ourselves, 

our heirs, executors and administrators. 

Signed and sealed by us, this day of , A.D. 188 — . 

The condition of the above obligation is this, that the said has 

been duly chosen and qualified as treasurer of the board of education of the * 

district of , in township, county, and State of Ohio, for the 

term of one year from the day of April, A.D. 18 — , and until his successor is 

chosen and qualified ; now if the said shall faithfully disburse, ac- 
cording to law, all school funds which come into his hands, then this obligation shall 
be void ; otherwise it shall be and remain in full force and efi"ect. 

, [seal.] 

, [seal.] 

, [seal.] 



The above bond approved by said board this day of , A.D. 188 — . 



President of said board. 



Clerk of said board. 

The State of Ohio, county, township, ss. : 

Before me, t-= , personally came , and was duly sworn, ac- 
cording to law, to support the constitution of the United States, and the constitution 
of the State of Ohio ; and perform faithfully his duties as treasurer of the board of 

education of the * district of , in township, 

county, Ohio, during his continuance in said office, and until his successor is chosen 
and qualified. 

Sworn to before me and signed in my presence, on this day of , 

18—, by the said . 



of said board. 



XLI. CLERK'S BONDS. 



Know all men by these presents : That we, — , , are 

held and firmly bound unto the State of Ohio, in the sum of dollars, 

for the payment whereof we jointly and severally bind ourselves. 

Signed and sealed by us this day of , A.D. eighteen hundred 

and . 

Whereas, the said has been duly chosen and qualified as clerk of the 

board of education of * district of , in town- 

* [Here write " wZZagre " or "special,'" as may be. 

t The oath may be administered by the clerk of the board, or any of its members. 
See section 3979. Here write (using correct name) "A. B. clerk {or a member) of the 
board below named.'"] 



218 OHIO SCHOOL LAWS. 



Forms and Instructions. 



ship, — county, and State of' Ohio, for the term of one year from the 

day of April, A.D. 18 — , and until his successor is chosen and qualified. 

Now, the condition of the above obligation is such, that if the said 



shall faithfully perform all the oflScial duties required of him as clerk of said board, 
then this obligation will be void ; otherwise it shall be and remain in full force. 

• — — , [seal.] 

, [seal.] 

, [seal.] 

The sureties on the above bond, and its amount, approved by said board this 

day of , A.D. 188—. 



President of said board. 



Clerk of said board. 

The State of Ohio, county, , township, ss. : 

Before me, t , personally came , who, being duly sworn 

according to law, says that he will support the constitution of the United States and 
the constitution of the State of Ohio ; and that he will faithfully discharge his duties 

as clerk of the board of education of the * district of , in 

township, county, Ohio, during his continuance in said 

ofl&ce, and until his successor is chosen and qualified. 



of said board. 

XLV. TOWNSHIP CLERK'S BOND. 

Know all men by these presents : That we, , , are held 

and firmly bound unto the State of Ohio, in the sum of dollars, for the 

payment whereof we jointly and severally bind ourselves. 

Signed and sealed by us this — — day of , A.D. eighteen hundred 

and . 

The condition of the above obligation is such that, whereas, the said 

has been duly elected and qualified as clerk of township, 

county, and State of Ohio, for the term of one year from the day of April, A. D. 

18 — , and until his successor is chosen and qualified, and is, therefore, ex-officio 
clerk of the board of education of the township district of said township. 

Now, if the said shall perform faithfully all the official duties required 

of him as clerk of said board , then this obligation will be void ; otherwise it will re- 
main in full force. 

, [seal.] 

, [seal.] 

. [seal.] 

[t The oath may be administered by the outgoing clerk of the board, or by any of 
its members. Here write (using correct name) "A. B., clerk (or, a member) of the 
board below named."] 



SCHOOL officers' GUIDE. 219 

Forms and Instructions. 

The sureties on the above bond, and its amount, approved by said board this 

day of , A.D. 188—. 



President of said board. 



Clerk of said board. 

The State of O'n'o ^m'nty, — township, ss. : 

Before me, , clerk of said township, personally came , who, 

being duly sworn according to law, says that he will support the constitution of the 
United States and the constitution of the State of Ohio ; and that he will faithfully 
discharge his duties as clerk of the board of education of the township district of 

township, county, Ohio, during his continuance in said 

oflS.ce, and until his successor is chosen and qualified. 



Sworn to before me and signed in my presence, on this day of 

A.D. 18—. 



Township clerk. 



XLVI. EEPORT AND CERTIFICATE OF SCHOOL FUNDS IN TREASURY. 

We hereby certify that, by a count, as requ^'ed by law, of all the money, bonds, 

and securities in the hands of , treasurer of township [or 

district], county, Ohio, made this day of , 

188 — , in the presence of the clerk of the board, we find dollars [and bonds, 

etc., in value amounting to dollars] school funds to be in the treasury on the 

date above named, and we have directed the clerk to enter upon the records of the 
board a copy of this report. 

(Signed,) , 



Board (or committee.) 
Attest, , President. 



[See section 4043, Revised Statutes.] 



XLVII. FINAL RECEIPT OF TOWNSHIP TREASURER. 

Received, — , 188 — , of , late treasurer of township, 

county, the following moneys and school property, to wit. : 

dollars, being part and parcel of the fund, also, etc. 

> 
, Treasurer. 



220 OHIO SCHOOL LAWS. 



Forms and Instructions. 



XLVIII. FINAL KECEIPT OF TOWNSHIP CLEEK. 

Eeceived, , 188 — , of > , late clerk of — — ■ — township, 

the school money account-book, the record-book of the township board, the copy of 
the school laws, the certificate and reports of teachers required by law to be filed in 
bis oflice, and the other official books and papers relating to schools, in his hands. 



Clerk of said board. 
[See section 4054.] 

Note. — [The incoming elerk should be specially careful to receive all the books and 

documents specified in the above receipt. This form can readily be altered to answer 

for any other district.] 



^rjjnnj, OFFT^F'^s f^VJjy^. 



221 



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222 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



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223 



Forms and instructions. 






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SCHOOL officers' GUIDE. 225 

Forms and Instructions. 

DIBECTIONS TO TEACHERS. 

1. Names of pupils. — Arrange the names of pupils in alphabetical order, with at 
least one blank line between the names of the two sexes. 

2. Days present. — Write in this column the number of days each pupil was in at- 
tendance during the year. 

3. Days absent. — Report only the number of days the pupil was absent while a 
member of the school. Do not count the days before he entered, nor after he was 
withdrawn. 

4. Pupils enrolled previous term. — If the report is made for the second or final term 
of the school year, place a check-mark (x) in this column opposite the names of all 
pupils enrolled the previous term. If the report is made for the first term of the 
school year, this coluran is not to be filled, since the " previous term " in that case would 
not be in the current year. 

5. Branches of study. — To denote that a pupil pursued a given branch of study, 
place a figure one (1) in the proper column, opposite the pupil's name. If he pur- 
sued the same study the previous term of the current year, place a figure two (2) in 
the proper column. Under the head of "alphabet" mark those pupils that received 
their first lesson in reading, whatever the mode of teaching. By "oral lessons" is 
meant all regular oral instruction, whatever the subjects thus taught; book lessons are 
not included. 

6. Rule for finding the average daily attendance. — Add together the number of days 
the diff"erent pupils were in attendance, and divide the sum by the number of days 
the school was in session. The average daily absence is found in a similar manner. 

7. Rule for finding the average age of pupils. — Divide the sum of the ages of all the 
pupils by the number of pupils. 

8. Under the columns headed reading, spelling, etc., use letters and figures to 
indicate the progress of the pupil and his standing as a scholar, thus: Under the 
word " Class," in the reading and spelling columns, let e denote that the pupil is in 
the mere elements, 1 in the First Reader, 2 in the Second Reader, etc. Under Writ- 
ing, ditto. Under Geography and all other branches, e means in the elements- 
Figures underscored indicate the page reached in his Primary Geography, Arith- 
metic, etc. Figures free indicate the page reached in the Intermediate Geography, 
Practical Arithmetic, etc. Under the words " recitation " and " examination," put 
figures to denote scholarship, on a scale of 10. For example: John Smith, read- 
ing, I 5 1 8 I 9 I , arithmetic, | 95 | 9 | 10 | , indicates that John Smith is in the Fifth 
Reader, that his term recitation show his scholarship to be 8 on a scale of 10, and 
that his examination shows still better scholarship ; also that he reached the 95th 
page of his arithmetic, and that his scholarship is 9 on daily recitations, and 10 in 
examination. 



15 



226 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



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SCHOOL officers' GUIDE. 



227 



Forms and Instructions. 



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228 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



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SCHOOL officers' GUIDE. 229 



Forms and Instructions. 



TEACHEE'S EEPORT TO THE TOWNSHIP CLEHK— Concluded. 

DIRECTIONS TO TEACHERS. 

1. Names of Pupils. — Arrange the names of pupils in alphabetical order, with at 
least one blank line between the names of the two sexes. 

2. Days Present. — "Write in this column the number of days each pupil was in 
attendance during the term. 

3. Days Absent. — Report only the number of days the pupil was absent while a 
member of the school. Do not count the days before he entered nor after he was 
withdrawn. 

4. Ages. — Give the age of each pupil to the nearest birth-day; i. e., if the pupil's 
birth-day last preceding his enrollment be more than six months past, give the age 
at what it will be on the pupil's birth-day next succeeding ; but if less, give his age 
at his last birth- day. 

5. Re-enrollments of First Class. — The name of each pupil that has been re-enrolled 
in consequence of having attended a previous term of the school year, in the same 
school, or in any sub-district school in the same township, should be marked in the 
proper column with an asterisk (*). 

6. Re-enrollments of Second Class.- — ^The name of each pupil that has been re-enrolled 
in consequence of having attended previously in the school year a school in some 
other school district in the State, should be marked in the proper column wdth two 
asterisks (* *). 

7. Brandies of Study and School Year. — A figure one (1) should be placed in the 
proper column, opposite the name of each pupil that pursued that study regularl3^ 
In case a pupil has studied a given branch some previous term of the same school 
year — the school year begins September 1st, and ends on the 31st day of the following 
August — instead of a figure one (1) use a cross (X). Teachers and Township Clerks 
should use great care in giving this item. 

8. Alphabet. — Under this head are included primary lessons in reading. 

9. Oral Lessons. — Include all pupils that received regular oral instruction, whatever 
the subjects thus taught; book lessons are not included. 

10. To find the average monthly enrollment of boys, find the number of boys 
enrolled each month ; add these numbers together, and divide their sum by the 
number of months in the term. Give the quotient to the nearest integer. The aver- 
age monthly enrollment of girls may be obtained in the same manner. A pupil who 
is absent the whole of any school month is not to be counted in the enrollment of 
that month. 

11. To find the average daily attendance of the boys, divide the sum of all the 
days attended by the boys, by the number of days taught. Give the quotient to the 
nearest integer. The average attendance of the girls can be found in the same way. 

12. To find the average per cent, of attendance, multiply the average daily attend- 



230 OHIO SCHOOL LAWS. 



Forms and Instructions. 



ance by 100, and divide by the average monthly enrollment. Give the quotient to 
the nearest integer. 

13. Remarks. — Opposite each name enter a "remark," stating from what school 
the pupil was received, if registered in another school in the same' township or dis- 
trict, at any time during the school year; or what school he entered, if transferred or 
withdrawn during the year. The object of these remarks is to show in what school 
the pupil was last registered. 

14. School-houses and Apparatus. — An estimate of their value can easily be obtained 
of the directors of the sub-district. Report to the township clerk, on a separate 
piece of paper, the condition of the school-house, school furniture, and school appa- 
ratus (outline maps, etc. ) 



SCHOOL OFFICERS GUIDE. 



231 



Forms and Instructions. 





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232 



OHIO SCHOOL LAWS, 



Forms and Instructions. 



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SCHOOL officers' GUIDE. 233 



Forms and Instructions. 



LIV. EEPOET OF BOARD OF EDUCATION 

Of . district, county, Ohio. 

To the County Auditor, for the school year ending August 31, 18 — . 

[The Clerk should retain one copy on file in his office, and return the other to the 
County Auditor on or before the 1st day of October.] 

1 . RECEIPSS. 

Balance on hand September 1, 18 — $ 

State tax $ 

Irreducible school funds (see direction 1) $ 

Township tax for school and school-house purposes $ 

Amount received from sale of bonds $ 

Fines, licenses, tuition of non-resident pupils, and other miscellane- 
ous sources $ 

Total receipts $ 

2. EXPENDITURES. 

[See direction 14.] 

Whole amount paid teachers in common schools — 

^Primary $ ) 

^Total $ 

*High $ ) 

Amount paid acting manager or superintendent $ — ■ 

Amount paid for sites and buildings $ 

Amount paid on interest or redemption of bonds $ 

Amount paid for fuel and other contingent expenses $ 

Total expenditures $ 

Balance on hand September 1, 18 — $ 

3. Number of sub-districts in the township, counting a sub-district 

only when its school-house is in the township 

* Primary Schools and High Schools comprise all the public schools, inclusive of 
Colored Schools. Colored Schools are class schools, and are referred to at the close 
of this report, merely to itemize what has already been included under the general 
classes of Primary and High Schools. A school not exclusively Colored should not 
be reported as a Colored School. 

The wages of teachers, Primary, High and Total, should be given as indicated in 
this form. 



234 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



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SCHOOL officers' GUIDE. 



235 



Forms and Instructions. 



No. of re-enrollments 

within the year 

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236 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



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SCHOOL OFJFICEKS GUIDE. 



237 



Forms and Instructions. 



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238 OHIO SCHOOL LAWS. 



Forms and Instructions. 



IRREDUCIBLE FUNDS. 



By " Irreducible Funds " is meant all funds from the State, as interest on the Vir- 
ginia Military, United States Military, or Western Eeserve School Funds, and the 
rent of, or interest on the proceeds of the sale of, " Section Sixteen." 

2. SCHOOL HOUSES. 

If the same house be for primary schools and high school, too, count the house but 
once, and set it down to the kind of school that makes the most use of it. 

3. NUMBER OP TEACHERS. 

By the " number of different teachers employed," is meant the number of differ- 
ent PERSONS employed in the school as teachers within the year, not including any 
one employed as acting manager or superintendent. This number, owing to changes^ 
will usually be greater than the number of schools or school-rooms under the care of 
teachers. 

4. AVERAGE WAGES OF TEACHERS. 

Add together the monthly salaries of the several gentlemen employed as teachers,, 
and divide the sum by the whole number of such teachers. The quotient will be 
average monthly wages. In like manner the average monthly wages of lady teach- 
ers may be found. 

5. AVERAGE NUMBER OF WEEKS THE SCHOOLS WERE IN SESSION. 

Having found the entire number of weeks each school was in session within the 
year, divide the sum of the same by the whole number of schools or school-rooms 
under the care of teachers in each district. Give the quotient in whole weeks by 
rejecting fractions less than one-half, calling those one-half or more, one. 

6. NUMBER OF DIFFERENT PUPILS ENROLLED. 

The township clerk, by finding the sum of all the enrollments on all the roll-books 
of the township for all the terms within the school year, and subtracting from the 
sum the sum of all the re-enrollments of the first class mentioned in direction 11, 
will obtain the actual number of different pupils enrolled within the year in the 
schools of the township. The same results will be more readily obtained by adding 
the numbers found in the first division of the recapitulation in the different term re- 
ports of the teachers, being careful to observe that they have been correctly reported 
by the teachers. 

7. AVERAGE MONTHLY ENROLLMENT. 

If the teachers mark on ther roll-books at the close of each month the number of 
pupils present any portion of that month, it will be the month's enrollment. Suppose 
in a school that 21 boys were present some portion of the time the first month, 20 the 
second, and 22 the third. The sum of these numbers is 63, which divided by three, 
gives 21 as the average monthly enrollment of the school for a term of three months. 



SCHOOL OFFICEKS' OUIDE. 239^ 



Forms and Instructions. 



Suppose now, for the sake of illustration, there are but three schools, or school-rooms, 
under the care of teachers in a township, and that two terms of school were taught in 
each, and the following are the reports made by the teachers : No. 1 reports 21 as- 
the average monthly enrollment of boys for the first term of 4 months, and 19 for the 
second term of 3 months , No. 2, 25 for 5 months, and 23 for 2 months ; No. 3, 30 for 
4 months, and 25 for 3 months. To find the average monthly enrollment of boys in 
No. 1 for the 7 months taught, multiply 21 by 4, and 19 by 3, and divide the sum of 
the product by 7. The result being 20 1-7, call the quotient 20. In No. 2, we have 
the sum of 25X 5-T-23X2 divided by 7, which to the nearest integer is 14; and for 
No. 3, 30X4-r25X3 dividedby 7, which to the nearest integer is 28. Hence 20-i-24-r- 
28=72, is the sum of the average monthly enrollments of the boys in the township. 
That of the girls can be obtained in the way, and the total is the sum. 

8. AVERAGE DAILY ATTENDANCE. 

To obtain the average daily attendance of the boys for the year, multiply the aver- 
age daily attendance reported each term, by the number of a days taught respectively 
in each term, find the sum of the products and divide by the whole number of days 
taught within the year, and give the quotient to the nearest integer. After obtain- 
ing the average daily attendance of the girls in the same way, the total may be found 
by adding the results. 

9. PERCENTAGE OF ATTENDANCE. 

To obtain the percentage of attendance by 100, and divide by the total average 
monthly enrollment. Give the quotien to the nearest integer. 

10. AGES— BETWEEN 16 AND 21. 

Teachers should record the age of each pupil that enters the school, giving the age of 
the pupil at his or her birthday which is nearest the time of such pupil's enrollment. 
Every time a pupil's name appears on a roll-book, in the same school year, it should 
always be with the same. In counting from the teachers' reports of ages, the clerk 
must be careful not to count any name marked as a re-enrollment of the first 
class. 

11. RE-ENROLLMENT. 

There are two classes of re-enrollments in township schools. The first class in- 
cludes all re-enrollments arising from the attendance of pupils miore than one term 
in the same school, or by a change from one school to another in the same township 
within the school year. Every enrollment of a pupil's name, after the first time in a 
school year, on any roll-book of the township, is to be marked as a re-enrollment. 
Teachers by making the proper inquiry of every pupil on entering school, will be 
done by an asterisk (*), and thus they will have the means of making the proper re- 
port to the township clerk. 

The second class of re-enrollments, which may be marked by teachers with two 
(*■•■■), includes all pupils that have previously, in the same school year, had their 



2i0 OHIO SCHOOL LAWS. 



Forms and Instructions. 



names enrolled in some public school of the State outside of the township. The 
' clerk must report to the county auditor re-enrollments of the second class, but not 
those of the first class, which are for his own use alone. (See direction 6.) 

12. NUMBER OF PUPILS IN EACH BRANCH OF STUDY. "^ 

Care must be taken not to report a pupil more than once in a year in any given 
study. 

13. PRIVATE SCHOOLS. 

It is not expected that clerks will be able to report accurate statistics of these 
schools. Please give as full information as possible. When the number of pupils 
enrolled, etc., is not known, make an estimate — a good "guess." Colleges, semin- 
aries and academies are not to be reported. 

14. AMOUNT PAID ACTING MANAGER OR SUPERINTENDENT. 

The amount paid for services of Acting Manager or Superintendent, if one has been 
employed, should be reported in the proper place, if they report direct. 

15., NUMBER OP PUPILS IN EACH BRANCH OF STUDY. 

Add together the number of pupils reported each term, and from the sum subtract 
the number of pupils that pursued the study both the first and second terms of the 
year. If 25 pupils were in geography the first team, 18 the second, and 10 of them 
pursued the study both terms, the number of different pupils in geography was 25 
+18—10=33. 



SCHOOL OFFICERS GUIDE. 



241 



Forms and Instructions. 









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242 



OHIO SCHOOL LAWS. 



Fonai and Instructions. 



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SCHOOL, officers' GUIDE. 243 



YcT^iz ^■"c' Ir'^^'^'''"*: 



DIEECTIONS TO CLERKS AND TEACHERS. 

1. The account of the "School-house and contingent fund " should be kept in the 
properly designated columns ; and the account of the " Tuition fund " in the columns 
marked "Tuition Fund." 

2. For each order drawn or paid, make two entries — one in the general township 
account of school funds, and the other in the account of the j^roper sub-district. 

3. All school money received from adjacent, townships for the smpport of a joint 
sub-district school should be entered in the general account under the head of 
Receipts, and in the proper joint sub-district account under the head of Apportionment. 
All moneys paid to adjacent townships for the support of a joint sub-district should 
be entered in the general account under the head of Expenditures. 

4. All money paid by non-resident pupils for tuition in any school of the town- 
ship, must be paid to the Treasurer and entered in the general account under the 
head of Receipts, and also in the account of the proper sub-district under the head 
of Apportionment. 

5. The Treasurer's general account should be balanced at the time of the annual 
settlement with the Auditor in September, the close of the school year. The Treas- 
urer's sub-district account and both the general and sub-district accounts of the clerk 
should be balanced at the close of the school year, and also at the time the money, 
bonds, or other securities, in the Treasurer's hands are counted, as provided in sec- 
tion 4043. 

6. At the expiration of their terms of official service, the Township Clerk and 
Treasurer are required by law to deliver to their successors in office this book and all 
other official books and papers relating to schools, in their hands. 



LVII. REPOET OF THE TEEASURER OF TOWNSHIP, 

COUNTY, OHIO. 



To the County Auditor, for the year ending August 31, 18 — : 

(To be made to the auditor on or before the 20th day of September.) 

RECEIPTS. 

Amount of school moneys received during the year from the following sources, 
viz. : 

Balance on hand September 1, 18 — $ 

State tax 

Irreducible school funds 

T«wnship tax for school and school-house purposes 

Amount received on sale of bonds 

Fines, licenses, tuition of non-resident pupils, and other miscellaneous 

sources 

Total receipts 



244 OHIO SCHOOL LAWS. 



"Prirmc <^n(-1 Tnc-frn"(iojT 



EXPENDITUKES. 



Whole amount paid teach- f Primary $ 



ers m common schools: 



^Total $- 

(High... $ j 



Amount paid acting manager 

For sites and buildings 

Amount paid for interest on, or redemption of bonds 

For fuel and other contingent expenses 

Total expenditures $ 

Balance on hand September 1, 18 — $ 

Amount of outstanding orders unpaid September 1, 18 — $ 

I certify the foregoing to be. in all respects, correct. 

,..., Treasurer. 

, Ohio, , 18—. 



The above report should cover only the moneys actually received and disbursed 
by the Treasurer within the school year ending August 31. In case the school funds 
arising from the second semi-annual distribution of taxes are not received on or 
before August 31, such funds must be reported by the Treasurer among the receipts 
of the following year. In case there were outstanding orders unpaid on the first of 
September, the amount of such orders should be added to the report, in order that 
it may show the entire expenses of the schools within the year, and thus correspond 
to the returns of the Board of Education. All claims upon the school fund for 
expenses incurred within the year should be settled and paid, if possible, previous 
to August 31. 

By "Irreducible School Funds" is meant all funds from the State, as interest on 
the Virginia Military, United States Military, or Western Eeserve School Funds, and 
the rent of, or interest on the proceeds of the sale of " Section Sixteen." 

All money paid by non-resident pupils for tuition in any school in the township, 
must be paid into the township treasury, to be disbursed on the clerk's order, and 
reported under the head of receipts. 

The County Auditor transfers all funds belonging to joint sub-districts directly to 
the township to which they belong. 



CHAPTER v.— FORMS FOR SCHOOL LXAMmERS, AUDITORS, 

ETC. 

LVIII. APPOINTMETn'T of SCHOOL EXAMINERS. 

Office of Judge of Pkobate, 

County, 0., , 18 — . 

Being satisfied that is a competent and suitable person to act as a 

member of the board of school examiners for this county, I do hereby appoint him 
to said oflice for the term of two years from date, and until his successor shall be 
appointed. 



SCHOOL officekb' guidb. 245 



Forms and Instructions. 



LIX. EEVOCATION OF SCHOOL EXAMINEE'S APPOINTMENT. 

Office of Judge of Pkobate, 
County 0., , 18 — . 

Whereas, on the day of , 18 — , was appointed to the 

office of school examiner of county, for the term of two years from the date of 

such appointment ; and, whereas, evidence has been filed with me, and I have be- 
come satisfied that said is an unfit person to be retained as a member of 

the board of school examiners of said county, in consequence of {here state the cause 
of action). 

Tlierefore, the said appointment of said , as school examiner of said 

county, is hereby revoked. 

, Judge of Probate. 

LX. NOTICE OF MEETINGS FOR THE EXAMINATION OF TEACHERS. 

Notice is hereby given that there will be a meeting of the board of school exam- 
iners of county, for the examination of teachers, at , on the last of each 

month of the year, and that a meeting will also be held on the second of April, 

May, October, and November. Each applicant for a certificate should be present as 

early as o'clock A.M. 

By order of the Board. 

, Clerk. 

, 18—. 



LXI. TEACHER'S CERTIFICATE. 

[For county.] 

No. Class . 

The undersigned, scliool examiners of county, Ohio, having examined 

'—, do hereby certify, that possesses adequate knowledge of the theory 



and practice of teaching, and is qualified to teach orthography, reading, writing, arith- 
metic, geography, English grammar, and United States history ; and that h-as 

furnished satisfactory evidence of good moral character. 

This certificate to be valid for the term of months from date. 

Given at , and dated this day of , A.D., 18 — , 

RESULT OF EXAMINATION. 

Orthography 

Reading 

AVriting , 

Arithmetic 

Geography 

English grammar 

Theory and practice 

United States history 



School Examiners. 



246 



OHIO SCHOOL LAWS. 



Forms and InstructionE 



LXII. TEACHER'S CERTIFICATE FOR CITY OR VILLAGE. 

— . Class. 



No. . 

The board of school examiners of , Ohio, having examined , do 

hereby certify, that -, is quaUfied to teach orthography, reading, writing, arithme- 
tic, geography, English r^rr^mmfjr. TT;-!it'^<l R^ntos hi.^tory; and thst "•■". isep.s^^? «n 

adequate knowledge of the theory and practice of teaching, and has furnished satis- 
factory evidence of good moral character. I 

This certificate authorizes the holder to teach in the public schools of for the 

term of years from date. 

Given at , Ohio, this day of , A. I)., 18 — . 



Orthography 

Reading , 

"Writing 

Arithmetic 

Geography , 

English gi-ammar , 
U. S. history 



KESULT OF EXAMINATION. 

Music 

Drawing 

Physics 

Theory and practice 



President Board of School Examiners. 



Clerk Board of School Examiners. 



[See sections 4081 and 4084.] 



LXIII. REVOCATION OF TEACHER'S CERTICATE. 



To the local directors of sub-district No. 



township), 



county, Ohio : 
— day of 



18- 



Whereas, the board of examiners of said county, on the — 

granted a certificate to , authorizing him to teach orthography, etc., for 

the term of months, and he is now engaged as a teachar in said sub-district. 

And, whereas, it has been represented, and said board has become satisHed, that 
is an unfic person to be retained as such teacher, in consequence of 



{here state the offense) . 
Therefore, said certificate is hereby revoked [orivas] revoked at a meeting of said 

board day of , IS — . 

By order of the Board. 

, Clerk. 

, 18-. 



Note. — [A teacher's certificate may also be revoked when lie is not engaged as a 
teacher. When this is the case, the first line of the above form should be omitted, 
and the last paragraph changed to read as follows : " Therefore, his said certifi cate 
is hereby revoked." 



SCHOOL officers' GUIDE. 247 



Forms and Instructions. 



LXIV. QUARTERLY REPORT OF THE COUNTY BOARD OF SCHOOL EX- 
AMINERS, 

Of county, Ohio, to tlie county treasurer, for the quarter ending 188 — . 

This report must be made on ©r before the last day of each respective quarter, and only by a 
strict compliance with this dem^and can the auditor be able to include the settlement for the 
last quarter, sinoe he closes his accounts on the first day of September. The following is the 
language of the revised school law, sections 4072 and 4076 : " The clerk of the board shall pay 
to the county treasurer, quarterly, all fees received, and file with the county auditor a written 
statement of the amount =•= * =■'." "And he shall deposit with the county auditor a bond > 
with surety, to be approved by the auditor, in the sum of three hundred dollars, that he will 
pay into the county treasury, quarterly, the examination fees received by the board." [See 
also note under section 4072.] 

1. Number of meetings held within the quarter 

2. Number of applications : — by gentlemen, ; by ladies, ; 

total 

3. Number of different applicants : — gentlemen, ; ladies^ ; 

total 

4. Amount received from applicants on examination fees .*. 

I certify the foregoing to be a correct statement. 



Clerk of hoard of examiners. 
Ohio, , 188 . 



AUDITOR S CERTIFICATE TO THE ABOVE. 

(To be made with examiner's report, and copy immediately forwarded to the State 

Commissioner.) 

To the State Commissioner of Common Schools: 

I hereby certify that the above statement wa's made at the time and in ^e manner 

therein specified ; that the amount of examination f>ees therein stated, to wit : $ , 

has been paid to the county treasurer by said examiners within said quarter ; and 
that the whole amount allowed by me to said examiners for necessary traveling ex- 
penses, within said quarter, is $ 

[By the " necessai'y traveling expenses " of examiaers is the amount of money actually and 
necessarily paid out by them in getting to and from the place of meeting for the examination 
of teachers.] 



Auditor of . county, 0. 

, Ohio, , 188 . 

1. The amount of traveling expenses for each quarter must not exceed one-third the exami- 
nation fees for such quarter. 

2. A fee of fifty cents is required of each applicant. This fee must be paid to the examiners 
by the applicant before the applicant's exanf nation begins, and it cannot be refunded, even if 
the applicant should be allowed to withdraw from the examination before it closes. 

3. The examiners should not hold any meeting so late in the quarter as to prevent the quar- 
terly returns from being made on or before the last day of the quarter. 

4. The county auditor should in no case allow a clerk of an examining board to draw full 
pay for his services until said clerk's annual report is presented to and approved by the auditor 

The quarters end as follows : First ends November 20 ; second ends February, last dayl; third 
ends May 31, and the 4th ends August 31. 



248 



OHIO SCnOOL LAWS. 



Forms and Instructions. 



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SCHOOL officers' GUIDE. 



249 



Forms and Instructions. 



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250 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



LXVI. EEPORT OF THE BOARD OF SCHOOL EXAMINERS 

Of county, Ohio, to the State School Commissioner, for the School Year end- 
ing August 31, 18 — . 
[T<o be forwarded to the Commissioner on or before tlie first day of October.] 

1. Number of meetings held for the examination of teachers during the 

the year 

2. Number of localities in which meetings were held during the y*ar 



NUMBER OF APPLICANTS FOR CERTIFICATES, NUMBER OF CERTIFICATES GRANTED, AND 
NUMBER OF APPLICATIONS REJECTED. 



3. Whole num- 
ber of applica- 
tions for certifi- 
cates.- 


4. Number of certificates granted. 


5. Number 
of applica- 
tions 
rejected. 


For 60 
months. 


For 36 
months. 


For 24 
mon's. 


For 18 
moh's. 


For 12 
mon's. 


For 6 
mon's. 


Total. 




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6. Number of different applicants for certificates* — Male, ; female, 

; total 

.7. Number of different applicemts to whom certificates were granted — • 
Male, ; female, — —; total 



[* The number of applications (question 3) will probably be greater than the number 
of applicants (question 6), since the same person may, in several instances, have 
applied for a certificate at two or more meetings of the Board. In answer to question 
6, the number of different persons that have been before the board during the year, 
should be given. Those who were granted a certificate on a second or subsequent 
trial, should not be included in the answer to question 7.] 

The number of certificates is equal to the number of applications, less tlie number 
of rejections. 

The number of certificates is greater than the number of different applicants who 
received certificates, if any person received more than one. Hence item 7 is not 
likely to be equal to the number of certificates, and can never be greater. 

If item 6, less item 7, is greater than the number of applications rejected^ there is 
an error in one or both of those items. 



SCHOOL OFFICEES' GUIDE. 251 



Forms and Instructions. 



8. Number of applicants natives of this State — Male, ; female, ; 

total - 

9. Number of applicants colored (if any) — Male, ; female, ; total.. - 

10. Number of applicants under 20 years of age — Male, ; female, ; 

total - 

11. Were ??■«' or wr?7'«? answers required of applicants? - 

12. Were the questions of the board presented orally, by writing them upon 

a black-board, or by printed slips? - 

13. Amount received from the county by the examiners as pay for their ser- 

vices - 

14. Amount of examination fees collected and paid to county treasurer dur- 

ing the year: 1st quarter, $ ; 2d quarter, ; 3d quarter, $ ; 

4th quarter, $ ; total $- 

15. Amount (if any) received by examiners to pay necessary traveling ex- 

penses: 1st quarter, $ ; 2d quarter, $ ; 3d quarter, $ ; 

4th quarter, $ ; total $- 

16. Names of examiners; business or profession; P. O. address; when 

term of office expires. 

17. Number of teachers' institutes held during the year - 

18. Name of president or secretary of county teachers' association - 

I certify the foregoing to be correct. 



Clerk of Board. 

, Ohio, , 18—. 

Note. — [If the clerk of each board of examiners should keep an alphabetical list 
of applicants passed, and likewise one of applicants rejected, noting by a star the 
second or otlier application of the same person, there would be no difficulty in giving 
correctly items 3, 4, 5, 6, and 7.] 

LXVII. EEPORT OF TEACHEES' INSTITUTE FUND. 

Auditor should keep one on file in this office, and forward the otlier to the State Comniis- 
sioner on or before October 1, 18—.] 

A statement, showing the amount of examination fees collected and paid to the 

county treasurer by the school examiners of county, Ohio, and local boards of 

examiners, within the four quarters ending August 31, 18- — , (from August 31, 18 — , 
to August 31, IS — , inclusive) ; also, the amounts paid out of such fund for the several 
purposes named in the school law. 

RECEIPTS. 

Balance on hand September 1, 18 — ,including undisturbed balance of 

% , returned by institute committee in compliance with section 4087 

of school law % 

Examination fees by county board within — 

1st quarter ending November 30, 18 — $ 

2d " " February 28, 18— 



252 OHIO SCHOOL LAWS. 



Forms and Instructions. 



3d quarter ending May 31, 18 — 

4th " " August 31, 18—... 

Total county examination fees 

Examination fees paid by local boards — 



Total local examination fees $- 

Grand total - 

EXPENDITURES. 

For necessary traveling expenses within — 

1st quarter ending November 30, 18— $ 

2d " " February 28, 18— 

3d " " May 31, 18— 

4th " " August 31, 18— 

Total $- 

For support of institutes within the year $- 

For county treasurer's fees, eight-tenths of one |per cent, (see section 

1117 Revised Code) - 

Total expenditures for all purposes within th e y ear /. . . - 

Balance on hand September 1, 18 — a - 

I certify the foregoing to be a correct statement. 



Auditor. 
County, Ohio, , 18 — . 



LXVIII. TEACHERS' INSTITUTES. 
Constitution of County Teachers' Association. 

PEEAMBLE. 

As a means of improvement in the profession of teaching, and of promoting the 
interests of the schools in our county, we the uadersLgned, associate ourselves to- 
gether under the following 

CONSTITUTION. 

Article I. This association shall be called the County Teachers' Associa- 
tion. 

Art. II. The officers of this association shall be a president, three vice presidents, 
a secretary, treasurer, and an executive committee of three members, who shall also 
perform the duties of a financial committee. The secretary shall, ex-officio, be one 
of the members of this committee, and shall keep a record of its proceedings. 



SCHOuL, OFFICEKS' GUIDE. 253 



Forms and InstriictioBS. 



Art. III. It shall be the duty of the president to preside at all meetings of the 
association. In case of vacancy, or in his absence, any one of the vice-presidents or 
the chairman of the executive committee may|perform his duties. 

Art. IV. It shall be the duty of the secretary and treasurer to perform the usual 
d-uties devolving upon such officers. 

Art. V. The executive committee shall carry into effect all orders and resoiutiens 
of the association, and shall devise and put into operation such olher measures,not 
inconsistent with the object of this association, as it shall deem best. It shall arrange 
business for all regular meetings of the association, and shall appoint, under the 
direction of the association, at least one such meeting each year. It shall make all 
necessary arrangements for holding and conducting at least one teachers' institute 
in the county each year. In case the amount of money under the control of the as- 
sociation, including the institute fund in the hands of the county treasurer, be in- 
sufficient to defray the necessary expenses of an institute, said committee shall fix 
and give due notice of an institute tuition fee to be paid by those attending such in 
stitute. All moneys belonging to this association are to be paid out only on orders 
drawn by the executive committee. 

Art. VI. The executive committee shall hold its meetings as soon after election 
as possible. Two members shall constitute a quoiuna for business, and afterwards 
may meet on their own adjournment or appointment. 

Art. VII. Any teacher, or active friend of education, may become a member of 
this association, by subscribing to tins constitution and contributing annually to the 
funds of the association. 

Art. VIII. The officers of this association shall be chosen by ballot, or in such oth-er 
• manner as the association may direct, at the annual meeting, and shall hold their 
offices for one year, or until their successors are elected. 

Art. IX. This constitution may be altered or amended by a majority of the mem- 
bers present at any regular meeting, provided notice of such intended alteration or 
amendment shall have been given at the preceding meeting. 



LXI^. EEPOET 

Of College to the State Commissioner of Common Schools, for the last 

scholastic year ending prior to September 1, 18 — . 

1. Name of the county in which the college is located, 

2. Name of college. 

3. Name and postoffice address of president. 

4. Year of incorporation of institution. 

5. Number of regular instructors in college department. 

6. Number of students in attendance in the college department within the 

year: gentlemen ; ladies ; total — =— — 

7. Number of candidates in the several college classes for the degree of 

B. A.: gentlemen : — ; ladies ; total „ — - — 

8. Number of candidates in the several college classes for the degree of 

B. S.: gentlemen ; ladies ; total ...„.,.„.....,. ....,..,.. - — ■ — 



254 OHIO SCHOOL L4WS. 



icriiis iiiia inslr actions. 



9. Number of candidates in the several college classes for the degree of 
B. r.: gentlemen ; ladies' ; total ; 

10. Numher that received the degree of B. A. at the last commencement : 

gentlemen : ladies ; total „ 

11. Number that received the degree of B. S. at the last commencement: 

gentlemen ; ladies ; total 

12. Number that received the degree of B. P. at the last commencement : 

gentlemen ; ladies ; total 

13. Total number graduated at last commencement: gentlemen ; 

ladies ; total 



14. Whole number that received the degree of B. A. since the founding of 

the institution : gentlemen ; ladies ; total - 

15. Whole number that received the degree of B. S. since the founding of 

the irbstitution : gentlemen ; ladies ; total - 

16. Whole number that received the degree of B. P. since the founding of 

the institution : gentlemen ; ladies ; total - 

17. Whole number graduated since the founding of the institution : gentle- 

men ; ladies ; total - 

18. Number of students in attendance in the college department from 

States other than Ohio : gentlemen ; ladies ; total - 

19. Number of weeks in scholastic year - 

20. Entire expense per year to a student for tuition and contingents (not 

including board).... $- 

21. Approximate cost of board - 

23. Yearly income of institution from students $ ; other sourceg - 

24. Entire expenditures of the institution, including endowments, build- 

ings, grounds, cabinets, etc. If not accurately known, give a good 
guess - 

25. Aggregate number of volumes in all the libraries in the college. 

26. Date of next commencement. 

The statements in the foregoing reports are substantially correct. 



President. 



-, Ohio, 18- 



LXX. REPORT 

Of Normal School, at county, Ohio, to the Commissioner of 

Common schools, for the last scholastic year ending prior to September 1st 18 — . 

1. Name and postoffice address of principal. 

2. Year of incorporation or founding of the school. 

3. Number of instructors employed : gentlemen, ; ladies, ; 

total 

4. Number of students in attendance within the year : gentlemen, ; 

ladies, ; total 



SCHOOL officers' guidf. 255 



i^'orms and. iiistructiorsj 



5. Number of students pursuing a course of study and training preparatory 

to entering the profession of teaching : gentlemen, ; ladies, 

; total - 

6. Number of students that completed the professional course of study and 

training Avithin the year : gentlemen, ; ladies, ; total - 

7. Whole number of students who have completed the professional course 

of study and training : gentlemen, ; ladies, ; total ■ 

8. Number of students in attendance from states other than Ohio : gentle- 

men, ; ladies, ; total - 

9. Number of weeks in term, ; in scholastic year - 

10. Entire expenses per year to a student for tuition and contingents (not 

including board) '. $- 

11. Yearly income from students $- 

12. Yearly income from other sources , : $- 

13. Entire expenditures for the year $- 

14. Aggregate cash value of buildings, grounds, cabinets, etc $- 

15. Aggregate number of volumes in the libraries of the institution.. - 

The statements in the foregoing report are substantially correct. 

, Princij 

■ ■ _, Ohio, — ,188 . 



LXXI. REPORT 

Of preparatory department of : college, , Ohio, to the State Com- 
missioner of Common Schools, for the last scholastic j^ear ending prior to September 
1st, 188—. 

1. Name and postoffice address of i^rincipal. 

2. Number of instructors employed in the preparatory department : gen- 

tlemen, ; ladies, ; total — : 

3. Number of students in attendance within the year : gentlemen, — ; 

ladies, ; total < 

4. Number of students pursuing a course of study preparatory to admission 

to college : gentlemen, ; ladies, ; total ■ 

5. Number of students that completed the course of study prescribed for 

admission to college : gentlemen, ; ladies,™ ; total , 

6*. Number of students in attendance from states other than Ohio : gentle- 
men, ; ladies, ; total... 

7. Number of weeks in scholastic year 

8. Entire expenses per year to a student for tuition and contingents (not 

including board) | 

9. Yearly income from students 

10. Yearly income from other sources $- 

11. Entire expenditures for the year $ 

The foregoing statements are substantially correct. • 

, Principal. 

, Ohio, ,18— 



ADDENDUM. 



The following decision, as it bears, directly on the important matters referred 
to in note a, section 4015, and note c, section 4017, is deemed of sufficient im- 
portance to insert here : 

A teacher was employed at .$2.75 per day. The furnace was so out of order as to 
render the house untenantable for school purposes. No school was held for nine 
days, the time occupied in repairing the furnace. The teacher was paid for all the 
time, except the nine days. Suit was brought before a justice of the peace to recover 
wages for those nine days, and a verdict was given by the jury in favor of the teacher. 
The judgment was affirmed by the Hamilton District Court. 2 Cincinnati Law Bul- 
letin, 96. 



ERRATA TO OHIO SCHOOL LAWS. 



Page 6, twentj'-fourth line, for "countrx" read "country." 
Page 7, twentieth line, for "give " read "gives." 
Page 51, last line note (e), for "seems " read " seem." 
Page 57, section 3970, second line, for "elected" read "collected." 
Page 61, last line note (h), for "invested "read " vested." 
Page 68, sixth line note (d), supply " the votes of " after " receive." 
Page 73, last line note (d), for " must" read " may." 
Page 82, last line note (m), for "section 4018 " read " section 3982." 
Page 87, thirteenth line from top, for "day's " read " days'." 
Page 93, note, sixth line, for "their" read "the." 

Page 98, second line from bottofn, for "incomparable" read "incomparably." 
Page 110, last line, note (a), omit "35 0. S., 368, State ex rel. (Flowers) v. Board of 
Education." 
Page 119, first line note (d), supply "be" after "may." 
Page 130, second line note (e), omit "no." 

Page 140, last line note (e), for " examination " read " education." 
Page 140, fourth line note (f), for "inform" read " informs." 
Page 140, last line, for "agents" read "agent." 
Page 151, last line, for "with" read "without." 



17 



INDEX TO THE OHIO SCHOOL LAWS. 



ABSTEACT— section pagK 

Enumeration, returns of, to be made by county auditor... 4039 122 

School statistics to be returned by county auditor 4060 134- 

ACADEMY— (See Private Svhools.) 

ACCOUNT BOOKS— 

Auditor to furnish clerks and treasurers with 4055 131 

ACCOUNTANT— 

Appointed to investigate fraudulent use of money 364 160 

AFFIDAVIT- 

Complaining of fraudulent use of money 364 1C(? 

AGE — {See School Age.) 

ANNUAL ESTIMATES— 

To be made by board 3958a, & 50,51 

To be made by county commissioners, when 3969 5& 

APPAEATUS— 

Maybe furnished by board 3995 89 

APPOINTMENT— 

Sub-district clerk 3918 33 

Local directors to fill vacancy 3919 34 

Commissioners to consider formation of joint sub-district. 3938 41 

Member board of education 3981 . 68 

Librarian 3998 90 

Examiners 4065, 4069, 4077 135, 136, 147 

Secretary and committee of institute 4086 150 

Directors of Cincinnati and Toledo Universities 4098 155' 

To fill vacancy in office of School Commissioner 354 158 

Accountant to investigate charges 364 160' 

APPOETIONMENT OF SCHOOL FUNDS— 

State common school fund, irreducible fund, etc... 3956 49 

By county auditor, how made 3964 53 

When county line divides original township 3966 51 

Contingent fund by board of education 3967 55 

Appeal in case of dissatisfaction 3967 55 

APPEOPEIATION OF PEOPEETY— 

How made for school purposes 3990 r6 



INDEX TO THE OHIO SCHOOL LAWS. 259' 

ASSIGNMENT OF YOUTH— section page. 

May be made by board of education 4013 102 

ATTENDANCE ENFORCED— 

Children must attend schools 4023 115' 

When unlawful to employ children 4024 116' 

Board to ascertain condition of non-attending children ... 4025 116- 

When board may supply books 4026 117" 

Penalties £or violating provisions 4027 117 

Clerk must prosecute 4028 117 

Equivalent of school attendance 4029 117 

AUDITOR OF STATE— 

apportionment of school fund by 3956 4^ 

AUDITOR— (See County Auditor.) 

BEQUESTS— 

To common school fund 3955 48 

May be accepted by boards 3975 63. 

BIDDING— 

Directions for, on school-house 3988 82 

blanks- 
How furnished and distributed 4058 13S 

To be distributed by county auditors 4060 134 

BOARD OF EDUCATION— (fe City Districts of First Class, 
City Districts of Second Class, Village, Special and I Township 
Districts, etc.) 

May transfer territory 3893 17 

May provide for organizing'township^intt) village district. 3894 18- 

Organization how effected 3895-6 18 

General powers and duties 3971 59' 

May seli and exchange real estate 3971 60 

Has title to what property 3972 60' 

Property exempt from sale on execution 3973 62 

Property vested in, exempt from taxation 3973 62 

Conveyances and contracts by 3974 * 62 

Members cannot contract with board 3974 62 

Contracts must be made at meeting 3974 63' 

May receive compensation as what 3964 63 

May accept bequests 3975 68. 

Process against how served 2976 63 

Prosecuting attorney or county solicitor counsel for 3977 64 

To decide tie votes by lot 3978 65 

Oath to be taken by members and officers 3979 66 

Organization, time and mode of , 3980 67 

Vacancies how filled and when 3981 67 

Quorum, yeas and nays when taken 3982 70 

President or clerk, absence of 3983 72 



260 INDEX TO THE OHIO SCHOOL LAWS. 

BOARD OF EDUCATION— Continued— section page 

Record of proceedings, attestation 3984 72 

Shall make rules and regulations 3985 73 

May enforce vaccination 3086 73 

To build , enlarge, repair school -houses, etc 3987 80 

May let bids aiid contracts for house 3988 82 

To erect houses in joint sub-districts 3989 85 

May appropriate property 3990 86 

May submit to voters question of tax levy 3991 86 

To certify such levy to auditor, if approved 3992 87 

How anticipate levy, by issue of bonds 3993 88 

How issue bonds in city districts, first class 3994 88 

May buy books for library, apparatus, etc., (See Libraries) 3995 89 

Must provide sufficient schools 4007 95 

May organize schools for colored children 4008 97 

May establish schools of higher grade 4009 97 

May establish school at orphans homes, infirmaries, etc... 4010 99 

May provide evening schools 4012 100 

May admit whom to school, condition 4013 100 

Suspension and expulsion of pupils 4014 102 

May control schools, appoint officers, and for what term.. 4017 104 

Shall employ teachers when (township board) 4018 106 

To determine studies and text-books 4020 110 

May enforce attendance (See Attendance Enforced.) 
Appointment of clerk and treasurer (See Clerk, Treasurer.) 
Shall make an annual report (See Reports.) 

bonds- 
How and when issued for school purposes 3993-4 88 

To be given by school officers — clerk of board 4050 129 

Treasurer of board 4043 123 

Clerk of examining board 4076, 4079 146, 148 

Institute committee 4086 150 

Forfeiture of 4089 151 

State School Commissioner 355 158 

Recording and filing, release of surety, etc 4043 (note.) 123 

BOOKS— 

May be purchased for libraries 3995 89 

When furnished to pupils by board 4026 117 

BOARD OF EXAMINERS— (See State Board Examiners, County 

Board Examiners, City and Village Examiners. ) 
BOARD OF TRUSTEES OF CHILDRENS' HOME OR ORPHANS' ASYLUM— 

Powers and duties as to schools ' 4010 99 

BOARD OF INFIRMARY DIRECTORS— 

Powers and duties as to schools 4010 99 

BRANCHES OF STUDY— 

Must be taught in English 4020 114 

On whafc]applicants must be examined 4074 145 



INDEX TO THE OHIO SCHOOL LAWS. 261 

BURNING OF SCHOOL PROPERTY— section ' page 

Penalty for 3972 (Note.) 61 

CERTIFICATE— 

Original or copy thereof to be filed with clerk 4051 129 

Issued by State board of examiners 4066 136 

revocation of same ■. 4067 136 

Issued by county boards, for what term 4073 142 

revocation of same 4073 144 

when renewable without re-examination 4073 ' 143 

Issued in city districts of first class 4081 148 

when renewable without re-examination ^.. 4081 148 

revocation of 4081 149 

CHAIRMAN— 

Election in village districts 3908,3911-3913 25,27, 28 

sub-districts 3917, 3924 32, 37 

special districts 3926 38 

CHANGE OF DISTRICTS— 

As to classification in cities 3889 15 

By transfer of territory 3893 17 

Appeal in such cases 3893 17 

CHARITY SCHOOL— (See Zanesville.) 

CINCINNATI AND TOLEDO UNIVERSITY— 

Council of Cincinnati may accept educational trusts 4095 154 

How trust funds to be applied ". 4096 154 

Trusteeship to vest in city 4097 155' 

Appointment of directors Cincinnati and Toledo Uni- 
versities 4098 15& 

Powers of board 4099 156 

Citizens not to be charged for admission of children 4100 156 

Accounts and expenditures 4101 157 

"When board may confer degrees 4102 157 

Sites and grounds 4103 ■ 157 

Tax, when and how levied 4104 157 

Provisions applicable to Toledo 4105 157 

CITY DISTRICTS OF THE FIRST CLASS— 

Classification of r 3887 15 

Changes in 3889 15 

Board, how constituted 3897 19 

When two members from each ward, how elected 3898 20 

When one member from each ward, how elected 3899 21 

Where electors vote, not residing inwards 3900 21 

Plat of attached territory 3900 21 

Conduct of elections 3901 21 

How electors on attached territory cast ballots 3902 22 

Time of regular and special meetings of board 3903, 3980 23, 67 

Board to fill vacancies, to make rules and regulations ..3903, 3981 23, 67 



'262 



INDEX TO THE OHIO SCHOOL LAWS. 



CITY DISTRICTS OF THE FIRST CLASS— Continued. section page 

Bonds, when and how|Jissued 3994 88 

Who to be treasurer of school fund 4042 123 

To publish annual report , 4059 133 

Board of education to appoint examining board 4077 147 

Teachers may unite for an institute 4093 152 

(See Board of Education.) 

CITY DISTRICTS OF SECOND CLASS— 

Classifieation of 3886 15 

Changesin 3889 15 

Membership of board and how increased 3904 23 

Election of members 3905' 24 

Conduct of election 3906 24 

Election after membership increased 3907 25 

Who treasurer of school fund 4042 123 

Teachers may unite for institute 4093 152 

CITY AND VILLAGE EXAMINERS— 

Who ineligible as examiner 4085 150 

Boards of examiners in city districts of first class 4077 147 

To determine standard of qualifications 4078 148 

May secure assistance 4078 148 

Organization of board, bond of clerk 4079 148 

Meetings and publication of notice 4080 148 

Examination fees 4081 148 

Grades of certificates issued 4081 148 

Compensation of, incidental expenses 4082 149 

Duties of clerk, disposition of fees 4083 149 

Boards in city districts, second class, village districts 4084 149 

CLASSIFICATION AND CHANGE OF DISTRICTS— 

Difi'erent classes, changes of, etc 3885-3892 14-16 

CLERK BOARD OF EDUCATION— 

To certify transfer of territory 3893 17 

To give notice of election 3909 26 

Township clerk not entitled to vote 3915 31 

May appoint local director, when 3919 34 

Process on board served by leaving copy with 3976 63 

Absence at meeting 3983 72 

To keep and sign record of proceeding 3984 72 

Shall draw order for sub-district teacher 4018, 4019 105-107 

Shall prosecute for non-attendance of children 4028, 4025 117 

To have enumeration of youth taken....; 4032 119 

To transmit abstract of enumeration to auditor 4035 121 

Auditor to act when clerk fails 4036 121 

To receive and file bond of treasurer 4043 124 

Money to be counted in his presence 4043 125 

Money paid into treasury on his order 4047 127 

To furnish auditor statement of funds in treasurer's hands 4048 128 



INDEX TO THE OHIO SCHOOL LAWS. 263 

CLERK BOARD OF EDUCATION— Continued. section page 

To give bond 4050 129 

Recording and filing of bond, release of surety, new bond, 

etc 4043 (Note.) 124 

When to issue orders for pay of teachers. 4051 129 

Duties as to statistics 4052 130 

To publish receipts and disbursements 4053 130 

To deliver books to successor 4054 131 

To keep account with treasurer 4055 131 

His compensation 4056 132 

Reports appointment examiners in city districts 4078 148 

Bond of clerk of examiners in city districts to be filed 

with 4079 148 

Report of institute fund, city districts, first class.. 4092 152 

CLEVELAND— 

Library board to be appointed 4000 90 

Powers and duties of such board 4001 91 

How expend money raised by taxation 4002 91 

COLORED CHILDREN— 

Schools for 4008 97 

COMMISSIONER — {See State Commissioner Common Schools, 
County Commissioner, and Joint Sub-district.) 

COMMON SCHOOL FVNB— {See School Funds.) 

COMPULSORY ATTENDANCE— (See Attendance Enforced.) 

CONSOLIDATION OF SUB-DISTRICTS— 

Election in case of 3922 36 

CONTINGENT FUND— 

Levy by board of education 3958a, 39586 50, 51 

Appeal from apportionment of by local board 3967 55 

How applied in Toledo 3968 55 

CONTRACTS— 

Board's power to contract 3971 59 

Members cannot contract with board 3974 62 

Must be made at meeting 3974 63 

Township board when responsible for local boards 3987 82 

Directions for letting 3988 82 

Between boards for schooling pupils 4022 114 

COUNTY AUDITOR— 

To certify to clerk amount of taxable property in district. 3958a 50 

School levy to be certified to 3960 52 

His duties as to funds of district in more than one county 3963 63 

Apportionm«nt of school fund, how made 3964 53 

of money not otherwise appropriated 3964 54 

Distribution of money after apportionment 3965 54 



264 INDEX TO THE OHIO SCHOOL LAWS. 

COUNTY AUDITOR— Continued. section pagbT 

Apportionment common school fund ; county line dividing 

original township 3966 54 

To collect fines and inspect section sixteen accounts 3970 57 

Receives abstract enumeration from clerk 4035 1 21 

To have enumeration taken , if clerk fails 4036 121 

To furnish abstract of enumeration 4039 , 122' 

School treasurers to settle with annually 4044 126 

To collect penalty for failure to settle 4045 12& 

Miscellaneous receipts to be reported to him 4047 127 

May allow treasurer what amount of funds 4048 127 

To be supplied with copy clerk's bond 4050 129 

To receive statistical statements from clerks 4052, 4057 130, 132' 

To distribute blanks, books, circulars, etc 4060 134 

Penalty against auditor and clerk 4060 134 

May appoint persons to make reports 4062 134 

Penalty for failure to make enumeration return 4163 134 

His compensation 4064 135 

Examination fees paid on his order 4072 142 

To furnish blanks, books, etc., to examiners 4075 146' 

To keep on file bond of clerk of examiners 4076 147 

Statements to be filed with by city and village examiners. 4084 149 

To approve bonds of institute committee 4086 150' 

To give order for institute fund 4087 151 

To give examiner access to papers, etc 364 161 

COUNTY BOARD EXAMINERS— 

Appointment, term, vacancy 4069 136' 

Who may and who may not be an examiner 4069 136-138' 

Organization, president, clerk, duties of each 4070 138 

Meetings of board, examination fees 4071 139^ 

Disposition of fees 4072 142' 

Travelling expenses 4072 142 

Validity of certificates 4073 142 

Revocation of same » 4073 144 

Qualifications of teachers 4074 145 

Compensation of, incidentals, etc 4075 146 

Annual report of clerk, bond, etc 4076 146 

"Who ineligible as examiner 4085 150 

COUNTY COMMISSIONERS— 

Appeal to in transfer of territory.... 3893 17 

When to levy for site and house in joint sub -district 3941a 42 

Appeal to, to revise apportionment contingent fund 3967 55 

May perform duties of board of education, when 3969 5G 

To compensate auditor for reports made 4064 135 

COUNCIL OF MUNICIPAL CORPORATION— 

May sell or exchange property with board 3971 . 60 



INDEX TO THE OHIO SCHOOL LAWS. 265 

COUNTY TEEASURER— section page. 

Duties with reference to state school funds 3956 49 

To collect school taxes 3960 52 

Fees for same 3960 52 

His duty when district lies in more than one county 3963 53 

COURSE OF study- 
How and by whom adopted 4020 110, 111 

Branches to be taught 'in English 4020 114 

German to be taught when 4021 114 

DEFACING SCHOOL HOUSE— 

Penalty for 3972 (Note) 60' 

DIRECTORS, LOCAL— (See ToiunsMp Districts.) 

May appeal from apportionment of contingent fund 3967 55- 

May build, repair, lease, etc., when 3987 80 

May employ and dismiss teachers 4018 105 

Cannot exceed funds apportioned them 4018 105 

Failing to employ, township board may act 4018 106 

To certify amount due teachers 4018 106. 

Dismissal of teacher 4018 107 

DISMISSAL OF TEACHERS, JANITORS, ETC.— 

Cause of 4017 105- 

By local directors 4018, 4019 106-107 

DISTRICTS — (See Classification and Change of Districts.) 

Funds of , when lying in more than one county 3963 53- 

ELECTIONS— 

City districts, first class '..... 3897-3902 19-22 

City districts, second class 3904-3907 23-25- 

Village districts 3908-3913 25-28 

Subdis'tricts 3916-3922 31-36^ 

Special districts 3924-3926 37, 38 

EMBEZZLEMENT— 

By member board education 3974, 4047-49 (Note.) 61, 127, 128 

ENGLISH LANGUAGE— 

All branches to be taught in 4020 114 

ENUMERATION— » 

To be taken yearly and when 4030 118- 

How taken 4031 im 

Compensation for same 4031 119 

AVhen clerk to employ persons to take it 4032 119 

Clerk of local board to take it in subdistricts 4033 119 

How taken in joint subdistricts 4034 120 

Clerk of board to transmit abstract to auditor 4035 121 

Auditor to act, if clerk fails 4036 121 

When county line divides original township 4037 122 



266 INDEX TO THE OHIO SCHOOL LAWS. 

ENUMERATION— Continued. section page 

Penalty for failure to enumerate 4038 122 

Auditor to furnish abstract to State Commissioner 4039 122 

If excessive, State Commissioner to have it retaken 4040 123 

Penalty for false returns 4041 123 

EVENING SCHOOLS— 

Maybe established 4012 100 

Attendance on same 4029 117 

EXAMINERS — (See State Board of Examiners, County Board Ex- 
aminers, City and Village Examiners.) 

EXAMINATION FEES— 

For State certificates 4068 136 

For county certificates 4071 139 

Disposition of 4072 142 

For certificates, city .districts, first class 4081 148 

Disposition of 4083 149 

EXECUTION— 

School property exempt from 3973 62 

EXPULSION OF pupils- 
How done and for what length of time 4014 102 

FEES — (See Examination Fees. ) 

FELONY— (See Stealing School Property.) 

FINES— (See Penalty.) 

FORMS FOR REPORTS— 

To be prepared by School Commissioner 359 159 

FRAUD— 

In use of school money, to be investigated 364 160 

FUEI^ 

Contracts for 3987 80 

FUNDS— (See School Funds). 

"GERMAN LANGUAGE— 

To be taught in school, when 4021 114 

HALF TIME SCHOOLS— 

Attendance on same .^ 4029 116 

HOLIDAYS— 

What are legal holidays 4015, 4015a 103 

INELIGIBLE— 

As county examiner 4065 136,137 

As examiner on any board 4085 , 150 

INSTITUTES— (See Teachers' Institutes.) 

INTEREST— 

On irreducible school fund 3952-3954 47, 48 



INDEX TO THE OHIO SCHOOL LAWS. 267 

INTEEPEETATION OF SCHOOL LAW— section page 

Eulesof 13 

IRREDUCIBLE SCHOOL FVl^D— [See ^^cJiool Funds.) 

-JANITOR— 

Employed by board of education 4017 104 

May be elected for what term, dismissal of 4017 105 

For county examiners 4075 146 

■JOINT SUB-DISTRICTS— 

Township boards may establish 3928 39 

How school governed and supported 3929 40 

Further provisions for establishment 3930 40 

Established on petition 3931 40 

What petition to contain 3932 40 

Clerks to give notice of filing 3933 40 

Petition or remonstrance may be filed with probate judge 3934 41 

Security for costs to be given 3935 41 

Time and place of meeting of commissioners 3936 41 

Publication of notice 3937 41 

■Commissioners to be appointed 3938 41 

•Oath and duty of 3939 42 

■Clerks to present plats and papers 3940 42 

Report of commissioners 3941 42 

Local board to designate site, when 3941a 42 

Board of education to levy 3941a 43 

Commissioners to act, when 3941a 43 

Efi'ect of commissioners' report 3942 43 

Judgment for costs, fees allowed 3943 43 

Report and judgment for sub-district 3944 44 

Oosts, how paid in such case 3945 44 

"Petition for new sub-district, special district, etc 3946 44 

Proceedings thereon 3947 45 

When petition or remonstrance may be filed with probate 

judge 3948 45 

Mection and duties of directors 3949 45 

How joint sub-district changed, altered, dissolved..; 3950 46 

Appeal to probate court for dissolution 3950 46 

Estimate and leVy of contingent fund, how made 3961 63 

Funds of, how apportioned and transferred by auditor 3961 53 

Estimate and levy when county line divides sub-district... 3962 53 

To rebuild school house or change site 3989 85 

Clerk to take enumerntion 4034 120 

LEASING SCHOOL LAND— (See Sections 1404 and 1440, Revised 
Statutes. ) 

LEASING— 

School site 3987 80 



268 INDEX TO THE OHIO SCHOOL LAAVS. 

LEVY FOR SCHOOL PUEPOSES— section page 

For " state common school fund " one mill 3951 47 

When made and for what purpose 3958o&6 50,51 

Amount of levy 3959 51 

When and how submitted to voters 3991 86 

If approved to be certified to auditor ; 3992 87 

How anticipated 3993 88 

For city libraries 3996 90 

LIBRARIES— 

Boards may appropriate money for, amount of 3995 ' 89' 

Levy for city libraries 3996 90- 

How expended 3997 9a 

Board may appoint librarian 3998 90 

Board of managers may be appointed in certain cases 3999 90 

Library board to be elected in Cleveland 4000 90 

Powers and duties of such board 4001 91 

Library tax, how expended 4002 91 

Consolidation of Portsmouth libraries 4003 92 

Board to appoint library committee 4004 92: 

Powers and duties of such committee 4005 92^ 

Power to levy tax 4006 92: 

LOCAL DIRECTORS— (See Toivnship Districts and Directors.) 

LOCATION OF SCHOOL HOUSES— 

Place most convenient for greatest number 4007 95 

MEETINGS OF BOARDS OF EDUCATION— 

In cities of first class 3903, 3980 23, 67- 

Of local board '. 3918 33 

Of township board 3920, 3980 34, 67 

Special meetings, how called 3920 35 

Contracts must be made at meeting 3974 6S 

Absence of president or clerk 3983 72 

Not 'legal unless all members notified 3985 73. 

Text books and course of study determined at regular 

meeting 4020. lia 

MEETING OF BOARD OF EXAMINERS— 

County examiners, number of, etc , 4071 139- 

City examiners, districts of first class 4080 148- 

MINES— 

Prohibition as to employment of boys in 4027 (Note.) 117 

MONTH— 

School month, what 4016 103- 

NOTICE— 

Of elections. (See Elections.) 

Of examinations to be published 4071, 4080 139, 148.' 



INDEX TO THE OHIO SCHOOL LAWS. 269 

OATH — SECTION PAGE 

To be made by school officers 3979 66 

OKGANIZATION OF BOAEDS— 

Manner and time of organization 3980 67 

PENALTY— 

Members of board failing to perform duty t 3968 56 

For various offenses 3970(]Srote.) 57,58 

For keeping pupils out of school 4028 117 

For fraudulent enumeration return 4041 123 

For failure of treasurers to settle with auditor 4045 126 

For failure of auditor to furnish report 4060 134 

For auditor's failure to make enumeration return • 4063 134 

For failure to make institute report .... 4089 .150 

For defacing property, disturbing meeting, etc 3972 (Note.) 60 

PERSONAL PROPERTY— (See Real or Personal Property.) 

PORTSMOUTH— (See Libraries.) 

PRESIDENT OF BOARD— 

Process on board served by leaving with 3976 63 

Absence at a meeting 3983 72 

To sign minutes of meetings 3984 73 

To sign orders for payment of money 4047 127 

To keep clerk's bond on deposit 4050 129 

PRIVATE SCHOOLS— 

Shall report to school commissioner 363 160 

PROBATE JUDGE— (See Joint Sub-districts.) 

To appoint county examiners 4069 136 

process- 
How served against board 3976 63 

PROSECUTING ATTORNEY— 

Counsel for boards of education 3977 65 

To prosecute for fraudulent use of money, etc 366 162 

PROVISIONS APPLYING TO ALL BOARDS— (See Board of 

Education. ) 

QUORUM— 

Necessary to transact business 3982 70 

REAL OR PERSONAL PROPERTY— 

How sold or exchanged 3971 60 

Title to, in whom vested 3972 60 

Exempt from sale on execution 3973 62 

RECEIPTS AND DISBURSEMENTS— 

Itemized statement of to be published . .'. 4053 130 

To be reported to auditor by boards 4057 132 

REMONSTRANCE— (See /oMi/ Sub-district.) 



270 INDEX TO THE OHIO SCHOOL LAWS. 

REPORTS— SECTION page; 

Receipts and expenditures to be reported to auditor 4057 132 

In what form made 4058 133 

By superintendents and teaclaers 4059 133 

Boards of city districts, first class, to publish annual re- 
ports 4059 133 

Duties of auditor as to statistics 4060 134 

Penalty for failure to perform duty 4060, 4061 134 

When auditor to appoint persons to make reports 4062 134 

RESIDENCE— 

Without but. homestead within district ) 4013 lOO^ 

REVOCATION— 

Certificate by state board examiners 4068 136 

by county board examiners 4073 144 

by examiners, city districts, first class 4081 149' 

Appointment of county examiner 4069 137' 

of city examiner 4077 147 

RULES OF INTERPRETATION OF SCHOOL LAW— 

As laid down by courts 13 

RULES AND REGULATIONS— 

Cities of first class 3903, 3985 23, 73 

Governing pupils and appointees, made by board 3985 73 

SALT AND SWAMP 'LA^DS— {See School Fimds.) 

SALARIES— 

Cannot be increased or diminished, when 4017 104, 105- 

SCHOOLS— 

Sufficient number must be provided 4007 95 

Location and continuance of schools 4007 96- 

At least one primary school in each sub- district 4007 96 - 

For colored children 4008 97 

Of higher grade than primary may be established 4009 97 

cannot be abolished for three years after establishment. 4009 98- 
How sustained in childrens' homes, orphans' asjdums, in- 
firmaries 4010 99 

to be under control of trustees of institution 4010 99 

Youth may be sent to charity school at Zanesville 4011 99' 

Evening schools may be established 4012 100- 

Who may be admitted ' 4013 100' 

tax of non-resident to be credited on tuition 4013 100,101 

assignment of youth 4013 102' 

Suspension and expulsion of pupils 4014 102 

What are school holidays 4015, 4015a 103 

School year, month, and week 4016 103- 

Board to control and appoint officers 4017 104 

may dismiss appointee 4017 105> 



IN/DEX TO THE OHIO SCHOOL LAWS. 27 J 

SCHOOLS — Continued. section page 

Board cannot increase or diminisli salary, when 4017 105 

Directors to employ, pay, and dismiss teachers 4018 105 

Board to determine text-books and course of study 4020 110 

German language to be taught, when 4021 114 

Pupils may be sent from one district to another 4022 114 

SCHOOL AGE— 

Unmarried youth between six and twenty-one 4.030 IIS 

SCHOOLJATTENDANCE— (See Attendance Enforced.) 

SCHOOL DISTRICTS— (See Classification and Change of Districts:} 

SCHOOL FUNDS— 

".State common school fund," one mill levy 3951 47 

Interest on proceeds of salt and swamp lands, irreducible 

. school funds 3952 47 

" Common school fund," origin of and income from 3953 48- 

accounts of , how^ kept 3954 48' 

an irreducible debt 3954 48' 

bequests in trust for 3955 48 

Apportionment of State common school fund, etc 3956 49* 

Common school fund, interest on where paid, when county 

line divides original surveyed township 3957 50' 

Auditor to certify to clerk amount of taxable property in 

district ■ 3958a 50» 

Board to levy when for school purposes.. .3958a 50- 

Board to estimate amount necessary to continue schools.. 39586 51 

Amount of levy boards may make 3959 52 

Estimate or levy to be certified to county auditor 3960 52 

Contingent fund of joint sub-districts 3961 52 

When county line divides such sub-district 3962 53 

Funds of a district in more than one county 3963 • 53' 

Distribution of money after apportionment 3965 54 

Of ^common school fund, county line dividing original 

township 3966 54 

Contingent fund , how applied in Toledo 3968 55 

County commissioners to levy contingent fund, when 3969 56 

County auditor to collect fines, inspect section 16 accounts 3970 57 

To be^prod uced by treasurer to be counted 4043 123 

Supervision over by School Commissioner 358 159 

SCHOOL-HOUSES— 

To be provided by boards of education 3987 80 

Power of directors of sub-district 3987 80 

Directions for bidding and letting contracts 3988 82 

Erection of in joint sub-districts 3989 85 

When and how tax levy submitted to voters 3991 86 

if approved to be certified to auditor 3992 87 

levy may be anticipated 3993 88 



272 INDEX TO THE OHIO SCHOOL LAWS. 

SCHOOL HOUSES— Continued. section page 

Bonds, how issued by city districts, first class 3994 88 

Defacing, burning, stealing from 3972 (Note.) 60 

Safety of. (See sections 2568, 2572, 7010 {amended), Revised 
Statutes.) 

SCHOOL LAWS— 

Distribution of , how and when 360 129 

SCHOOL LIBRARIAN— (See Libraries.) 

SCHOOL MONTH— (See Month.) 

SCHOOL ROOMS— 

Renting of 3987 80 

SCHOOL REPORT— 

. To be made annually 361 129 

Number copies. (See sections 65, (amended), 64, Revised Statutes.) 

What it shall present 362 329 

SCHOOL YEAR— (See Tear.) 

SITES— 

Board to furnish 3987 80 

Submission of tax levy for 3991 86 

SPECIAL MEETING— (See Meetings.) 

SPECIAL DISTRICTS— 

Classification of 3891 16 

How formed or altered 3946 44 

Board how constituted and how increased 3923 37 

Election of members 3924 37 

Notice and conduct of election 3925 37 

How abandoned 3926 38 

Disposition of property 3927 38 

Treasurer how chosen ., 4042 123 

Teachers may unite for institute 4041 152 

STATE BOARD OF EXAMINERS— 

Appointment of , term of oflice, vacancy, etc 4065 135 

Kinds of certificates to be issued 4066 136 

Effect thereof , may be revoked 4067 136 

Examination fees .«. 4068 136 

STATE COMMISSIONER OF COMMON SCHOOLS— 

Return of vote to when a township votes on becoming a 

' village district 3895 18 

To be furnished abstract of enumeration 4030 122 

His duty when enumeration excessive 4040 122 

To furnish blanks for reports 4058 133 

May require reports to be made direct 4058 133 

Certificate to auditor for reports made 4064 135 

Shall appoint State board examiners 4065 136 



INDEX TO THE OHIO SCHOOL LAWS. 273 

STATE COMMISSIONER OF COMMON SCHOOLS— Con.— section page 

To countersign State certificates 4068 136 

To be notified of appointment of county examiners 4069 138 

Report of county examiners to be forwarded to 4076 146 

To be notified of appointment of city examiners 4077 147 

To receive reports of institutes 4086, 4090, 4094 151, 153 

May hold institute when 4090 151 

Shall be elected triennially 354 158 

Termofofiice \ 354 ^ 158 

Vacancy how filled 354 158 

His ofiicial bond and oath 355 158 

Office to be at seat of government 356 158 

To visit the several judicial districts 357 159 

His supervision over school funds 358 159 

May require reports from school officers 358 159 

Shall prepare forms and regulations for reports 359 159 

Duties as to distribution of school laws 360 159 

Annual report, when made 361 159 

Number of copies. (See sections 63 {amended), 64, Revised Statutes.) 

What it shall present 362 159 

Shall require reports from private schools 363 160 

Duty on complaint of fraudulent use of money ._ 364 ISO 

Appointment of accountant to investigate 364 160 

His powers and duties 365 161 

His compensa'tion 865 161 

Payment thereof 365 161 

Adverse report given *o grand jury 366 161 

Duty of prosecuting attorney 366 162. 

STATE COMMON SCHOOL FUND— (See School Funds.) 

STATE CERTIFICATES— (See Certificate.) 

STATISTICS— ' 

Duties of clerk in regard to 4052, 4054 130, 131 

Duty of board of education and auditor 4057-4064 132, 135 

STEALING SCHOOL PROPERTY— 

Penalty for 3972 (Note.) 61 

STUDIES— 

To be determined by board of education 4020 110' 

SUB-DISTRICTS— (See Township Districts.) 

Number of pupils to each 3921 35' 

Bounflaries of, unchanged 3892 16 

How formed or altered by petition 3946 44 

Apportionment of contingent funds to 3967 55 

Primary school must be established in each 4007 96 ■ 

Dismissal of teachers , 4017, 4018 105-107 

Clerk to take enumeration 4033 119 

18 



PAGJS 



274 INDEX TO THE OHIO SCHOOL LAWS. 

SUITS— saoiio^-. 

May lie urought by or against board of educatior! ., . W7i 59 

May be brought against local board 4019 107 

SUPEEINTENDENT AND ASSISTANT— 

Appointed by board of education 4017 104 

Eeports required of them 4059 133 

To give city boards of examiners information 4078 148 

SUPERINTENDENT OF BUILDINGS— 

May be appointed by board 4017 104 

SUSPENSION OF PUPILS— 

How done and for what term 4014 110 

TAX— 

Of one mill on all taxable property in state 3951 47 

Levied by boards of education 3958a, 39586 50, 51 

Limitoflevy 3959 51 

School property exempt from 3973 62 

For school house, when and how submitted to voters 3991 86 

To be certified to auditor, if approved 3992 87 

How anticipated 3993 88 

Levy for city libraries 3996 90 

How expended 3997 90 

Of non-resident pupil to be credited on tuition 4013 100, 101 

TEACHERS— 

Appointed by board and- for what length of time 4017 104, 105 

Dismissed by boards of education 4017 105 

By local boards. 4018, 4019 105, 107 

Reports required of them 4051, 4059 129, 133 

AVho may be employed 4074 145 

Payment of, when certificate revoked 4073, 4081 145, 149 

Qualifications of , 4074 1^5 

Number necessary to organize institute 4086 150 

May dismiss to attend institute 4091 151 

TEACHERS' INSTITUTE— 

How organized in county 4086 150 

Bond of committee 4086 150 

Report to school commissioner 4086, 4088 151 

Payment of institute fund to committee 4087 151 

Funds not disbursed to be returned 4087 151 

Forfeiture committee's bond 4089 151 

When school commissioner may hold 4090* 151 

Teachers may dismiss scJaool to attend 4091 151 

May be provided in city districts of first class 4092 152 

How supported 4092 152 

Report to be made 4094 153' 

For teachers of adjacent counties, graded schools 4093 152 

Length of session 4094 153 



INDEX TO THE OHIO SCHOOL LAWS. 275 

TEACIirr.S' INSTITUTE FUND— sii,uxiujN pauk 

Orldn of in counties , , 4072 142 

In cities 4083 149 

Report as to condition of 4060 134 

textbooks- 
How determined and changed......... ........ 4020 110, 113 

TIE vote- 
To be decided by lot , S978 65 

TOLEDO— 

Contingent fund, how applied in 3968 55 

(See Cincinnati and Toledo Universities, ) 

TOWNSHIP BOARD— (See ToitmsUp Districts, Board of Education,) 

TOWNSHIP CLERK— 

Clerk of township board, but not entitled to vote 3915 31 

When to appoint local director 3918 34 

(See Clerk Board of Education.) 

TOWNSHIP DISTRICTS— 

Classification of 3890 16 

May become village districtiS 3894-3896 18 

Board of education, how constituted 3915 30 

Election and qualification of directors 3916 31 

Notice of sub-district or township election 3917 32 

election and returns thereof 3917 32 

Meeting of directors, selection of clerk, his duties 3918 33 

business to be transacted at meeting 3918 34 

Vacancy in local board, how filled 3919 34 

township board, how filled 3981 -69 

Meetings of township board, regular and special...., 3920 34 

how called 3920 34 

Board to prepare map of towAship district..... 3921 35 

May increase or diminish sub-districts 3921 35 

Number of pupils to a sub-district 3921 35 

To give notice of election in new sub-district.... 3922 36 

Who to be treasurer 4042 123 

TOWNSHIP TREASURER— (See Treasurer,) 

TRAVELLING EXPENSES— (See County Board Examiners.) 

TREASURER— 

Who to be treasurer of school funds 4042 123 

To give bond and produce funds to be counted 4043 123 

Recording and filing of bond, new bond, release of surety, 

etc 4043 (note) 124 

Bond to be filed with clerk and auditor ' 4043 125 

To settle annually with auditor 4044 126 

Penalty for failure to make settlement 4045 126 

To report balance to board 4046 126 



z7o INDEX TO THE OHIO SCHOOL, LAW». 

TREASTTTJKT?— norttiTinefl-- P^-oTTOif page 

May receive or pay money, when 4047 127 

Maximum amount of funds may liolcl 4048 127 

To deliver money to successor 4049 128 

To keep account with clerk 4055 131 

His compensation 4042,4056 123, 132 

When to pay over institute fund, city districts, first class. 4092 152 

TREASUREE OF COUNTY— (See County Treasurer.) 

TUITION— 

Non-resident pupils to have credit for tax paid..... 4013 100, 101 

VACANCIES— 

In board of education, how filled „....,. „ 3981 67 

in cities districts first class 3903 23 

In local board how filled ,. 3919 34 

In State board of examiners 4065 136 

In county board of examiners..... 4069 137 

In city board of examiners, first class 4077 147 

In State School Commissioners office 354 158 

VACCINATION— 

May be enforced by boards ., 3986 73 

VILLAGE DISTRICTS— 

Classification of 3888 15 

How organized out of townships 3894-3896 18 

Election of members of board 3908 25 

« 

Number of members in board 3908 26 

Notice of election 3909 26 

Returns to be made to board 3910 27 

How membership of board increased,. 3911 27 

How village becomes a village district ........ 3912 28 

How village district organized 3913 ■ 28 

Organization of board 3914 30 

Boundaries how changed by petition. 3946 44 

Treasurer how chosen , 4042 123 

Teachers may unite for institute 4093 152 

WEEK— 

School week, what „ 4016 103 

YEAS AND NAYS— 

When to be called 3982 70 

YEAR— 

What is school year 4016 103 

YOUTH— 

Assignment of by board of education 4013 102 

ZANESVILLE— 

Charity school at '. 4011 99 



INDEX TO DECISIONS AND OPINIONS. 



ACTIONS— PAGE 

Rights of inure to boards, in certain cases 60 

Liability of boards- 73 

ADDENDUM 256 

ADJOURNED MEETINGS— 

When regular 34 

AGE— (See School Age.) 

AGREEMENT, MUTUAL— (See Mutual Agreement..) 

APPARATUS— 

What is apparatus 89 

Teacher responsible for care of 106, 107 

APPOINTMENT— 

Number votes necessary to appoint member of board 68 

APPORTIONMENT OF SCHOOL FUNDS— 

Duty of boards, intention of the law... 55 

APPROPRIATION OF PROPERTY— 

Proceedings to be completed before building erected........ 80 

Power to condemn strictly construed 80 

When owner entitled to damages^... 80 

Reversion to owner - 80 

ASSIGNMENTS— 

Pajjils may be assigned by boards 115 

ASSISTANT OR SUBSTITUTE— (See Substitute.) 

ATTACHMENT— 

Teachers" wages 127 

ATTENDANCE ON SCHOOL— 

Duties of boards to enforce..... 174-181 

ATTORNEY^ 

Employment of, Attorney-General's opinion 62 

Who is attorney for school boards. ....... — - 62 

ATTORNEY-GENERAL'S OPINIONS— 

As to employment of an attorney 62 

An election case .* 69 

Fees of township clerk 132 

AUDITOR— (See County Auditor.) 



2V8 INDEX TO DECISIONS, OriNIONS, ETC. 

AUDITOP. OF STATE- . page 

To apportion certain funds 49 

BALLOTS— 

To designate terms of office 29 

BIDS— 

Advertising, opening bids, etc 83 

local h'>3rds not authorized to act , 83 

BOARD OF EDUCATION— 

Change of residence by a member ot .^ 19 

What constitutes quorum in township board 30 

Organization of township board 33 

Certificate of membership 31 

Member must be both elected and qualified..... 31 

Cannot delegate official trusts .....31, 70, 105 

Members to be notified of lopetings 33 

Must transact business at meeting 33 

Clerk of joint sub district a member 40 

Liable for failure to provide school privileges 52 

Contracts of director to be reported to 55 

Liability for injury to persons 59 

Building on site without clear title 59 

May hold trusts, in what manner 59 

To consider equities in contracts 60 

Certain rights of action inure to 60 

Member of, disturbing school 61 

Claim against, how enforced.. 62 

Members of, cannot be paid for services 62 

Why they cannot contract with board 63 

Member cannot insure school property.. 63 

When member guilty of embezzlement 63, 127, 128 

Members title to office, how tested 64 

May employ attorney and pay fees 64 

Attorney GeneraFs opinion on same .. 64 

Mav organize, when 67 

President of may vote „ 67 

Vacancy, how caused. 67 

Cannot declare a seat forfeited 68 

Number members necessary to fill vacancy 68 

Elected members serve how long 68 

All the members disqualified, result 69 

Majority of quorum, when sufficient 70 

Contracting outside of board meeting 70 

Signing contract separately 71 

Vote to rescind action •. 72 

peaks through its record 72, 86 

Acts. of as to organizing and grading school. 74 



INDEX TO DECISIONS, OPINIONS, ETC. 279 

BOAKD OF EDUCATION— Continued. page 

Liability as to rules 73 

Members of board individually liable, when 83, 104 

Mode of raising funds 88 

No authority to construct roads 96 

To continue schools twenty-four weeks 96 

Controls schools for colored children 97 

May establish schools of higher grade 97 

Closing schools on account of contagious disease 104 

To enforce necessary rules 104 

To adopt a course of study 110 

To determine books to be used 110 

Its power as to religious instruction 110 

Contracting to send pupils to another district 115 

Payment of teacher, without certificate 129 

Power to purchase stationery, blank books, etc 133 

Increasing salary to pay an uncertificated teacher 143 

Special act as to number of members in Hamilton county 182 

Eules and regulation for government of boards and officers 183-195 

BOARD OF EXAMINERS— (See Examiners.) 

Must decide as to each applicant 140 

BONDS— 

Proceedings to issue 86 

Signatures to 88 

Issued under specific power , 88 

Injunction against excessive issue , 89 

Of treasurer and clerk. (See Treasurer, Clerk.) 

Decision of supreme court as to their use as collateral 166 

BOOKS— 

Blank books, registers, stationery, etc., board to furnish 133 

BUILDINGS— (See Unsafe Buildings. ) 

Burning, stealing from, breaking into ..,,...., 61 

Exceeding authority as to cost 84 

When to be erected in case of appropriation 86 

BUILDING COMMITTEE— 

Local directors in sub-districtis.. ,,.,,,,...„,.,, ...,,..,, ..,,,,.: 55 

CANDIDATES^ 

Wrong initials used ,.,..,,, ,,,.,.,,..,,.,.,.,,,.„,,,. 32 

CERTIFICAT.^>^ 

Must cover what ..,.,,.., ...,,,...„......,,.,,,,., ,.,.,..... 104 

Evidence of what 107 

Granted in other states, cannot be made valid in this..... 136 

Form of ., „.,.„, 138, 139 

Must cover all branches taught ,. 139 

Granting of at special meeting ,.,,,...,,,,,„,„.... 14Q 



280 IJSTKEX TO DECISIONS, OPINIOKS, ETC. 

CERTIFICATE— Continued. page 

Cannot be impeached collaterally 140 

Antedating of 142 

Fraud in obtaining 143 

Eenewal of without re-examination 143 

Revocation of, causes, notice of 144, 145 

Must show what 145 

Granted by city boards not good in country 148 

CHARTER— 

Surrender of by city or village does not affect district 130 

CITIES— 

Classification of 123 

CITY COUNCIL— 

May levy school tax 51 

May maintain public school buildings 82 

CITY DISTRICTS OP THE FIRST CLASS— 

Not same as city of first class 15 

Elector residing in the city but not in the district, votes where 21 

CITY DISTRICTS OF SECOND CLASS— 

Not same as cities of second class 15 

Territory detached, electors vote where 24 

" attached, " " ;. 24 

Not affected by surrender of city charter 30 

CITY AND VILLAGE EXAMINERS— (See ^a;a7m«ers.) 
CIVIL RIGHTS ACT— 

Decision under affecting rights of colored children 166-169 

CLERK OF BOARD OF EDUCATION— 

His duties important 72 

as to special meeting 72 

as to recording bonds 73 

Power to amend records 73 

To draw order for teachers paj'', contract illegal 107 

CLERK PRO TEM— 

When appointed 33 

COLORED CHILDREN— 

Schools for controlled by board of education 97 

Law establishing schools for, constitutional 97 

Decision by Judge Baxter as to admission to white schools 166-169 

CONSTITUTIONS— 

Of 1802, 1851, extracts from '; 5 

CONTRACTS— 

Directors to report to board of education 55-82 

Boards to consider equities in 60 

Mode of contracting 70 

Made outside of meeting 70 



INDEX TO DECISIONS, OPINIONS, ETC. 281 

CONTRACTS— Continued— ' page 

Signed by member of board separately 71 

Should be in writing 71-85 

To build, failure to perform 83 

Advertising, opening bids, etc 83 

Made at party's peril when 84 

Violation of by teacher 107 

Illegality of , order to be drawn by clerk, when 107 

With uncertificated teacher, when valid 129 

CONTAGIOUS DISEASE— 

Schools closed, teachers to seceive wages when 104 

CORPORATIONS- 

To take and grant by corporate names 59 

CORPORAL PUNISHMENT— 

Decisions on and discussion of 74-79 

COST— 

Of suits, when paid by members 63 

Of building, when authority is exceeded 84 

COUNTY AUDITOR— 

To have enumeration taken, when 49 

May enter levy on duplicate, when , 51 

Transfer of funds by 52 

Fees for transfer of sale of school lands ..• 62 

Power and duty as to treasurers 26 

To keep account with school districts 28 

COUNTY COMMISSIONERS— 

Appeal to in case of transfer of territory , 17 

May perform duties of board of education 56, 82 

To act in case of tie and continue schools 56 

Appeal to as to apportionment of funds and as to unsafe buildings 56 

To act, if all members of board disqualified 69 

COUNTY EXAMINERS— (See Examiners.) 

COURSE OF STUDY— 

Adoption of, a duty 110 

Religious instruction as a part of 110, 111 

Expulsion for disobeying board as to Ill 

Conflict between authority of teacher and parent Ill, 112 

What may be included 113, 114 

Instruction in German 114 

DAMAGES— 

For wrongful expulsion 102 

DEFACING SCHOOL PROPERTY— 

Penalty for 60, 77 



282 INDEX TO DEOIBIOM'S, OPINIONS, EiC. 

DE FACTO OEFICERS— page 

What is a de facto officer 65 

May take oath of office 66 

DIRECTOR— (See Local DirecUyr. ) 
DISMISSAI^ 

Of teacher must be at meeting of board 105, 108 

Cause of , 438 

ELECTORS— 

In cities of first class but not ia the district, vote where 21 

In city districts second class, detached from or attached to, vote where.' 24 

Who are electors in sub-districts 31 

Who are electors and who is entitled to vote 165 

ELECTION— 

Mode of contesting 21 

Returns of, how and when made 21 

Of local director, how contested 21 

Fraud in, evidence other than returns 22 

Opening and closing polls 25 

Notice of, time how estimated ...............26, 37, 38 

Vacancies to be filled at, must be stated 26 

Notice of time and place 26, 29 

To vote on tax levy 26 

Change of place 29 

Ballots to designate term of oflice 29 

Receiving illegal votes 29 

Statutes regarding, often directory 29 

When time of holding fixed by law 31 

Officers can not act after dissolving 32 

Failure to sign poll books and tally sheet 32, 42 

Candidate ineligible, effect of 32 

Wrong initials of candidates 32 

Case of tie vote 65 

EMBEZZLEMENT— 

Acceptance of compensation by member of board 63 

By school officers .'. 27, 28, 181 

NDO WED SCHOOLS— 

Provisions for ^ 60 

EMPLOY— 

Meaning of term , 43 

ENUMERATION— 

Taken by county auditor when 49 

Who should be enumerated 18, 19 

Inaccurate returns and correction of same ....120, 121 



INDEX TO DECISIONS, OPINIONS, ETC. 283 

EXAMINERS— page 

Who may be an examiner 136, 147 

Qualifications of :... .- 137 

Oath of office 138 

Legal adviser of 139 

Number of examinations thej'^ may hold 139, 146 

Private examinations, notice of meetings, etc 139 

ExamhiiHg at special ii:i;otii.^ .... .• 140 

Must decide as to each applicant 140 

May obtain assistance of experts 141 

Cannot delegate an official trust 141 

Action of de facto examiner 141 

Signature with wrong initials 141 

Clerk of board, treasurer 142 

Renewal of certificates without re -examination..... 143 

Amount and kind of examination to be given 143 

Exercise of discrrtionary power by 143 

Mode of conducting examinations ...; 144 

Communications to as to moral character..... 145 

Compensation of 146 

Report to be made quarterly 146 

May belong to board of education 147 

To be examined in villages in certain cases 149 

EXAMINATIONS— 

Number of annually 139 

Notice of meeting for, etc 139 

At special meetings 140 

For special grade certificates.... 140 

Amount and kind of. 143 

Method of conducting 144 

EXPENDITURES— 

Unauthorized may be ratified, when 84 

EXPLANATORY 3, 4 

EXPULSION— 

Right of, damages for 102 

For disobeying as to course of study... Ill 

FEES— 

County a'uditors for transfer of sale of school lands ......t 62 

Of township clerks 32 

FINES— 

To be collected and disbursed for school purposes ........49, 57 

FRAUD— 

In case of elections 22 

Wl^BS— [See School Funds.) 



284 INDEX TO DECISIONS, OPINIONS, ETC. 

GEEMAN— PAGE 
Instruction in 114 

GERMAN PROTESTANT ASYLUM— 

Residence of inmates 100 

GOVERNOR'S MESSAGES— 

Extracts from 6-10 

HAMILTON COUNTY— 

Special act as to number of members in village and special boards 182 

HIGH SCHOOLS 

Discussion as to their merits 199-174 

HIGHER GRADES OF SCHOOLS— (See Schools.) 

HOLIDAYS— 

Teachers entitled to 103 

Making up lost time on 103 

HOMESTEAD— (See 5mdmc«.) 

ILLEGAL— 

Receiving illegal votes. (See Election.) 

INJUNCTION— 

Against tax levy, joint sub-district, will not hold, when 46 

To restrain officers from acting 66 

Against excessive issue of bonds 89 

INJURY— 

Liability of boards for injury to persons 59 

To school timber, penalty for 62, 65 

Done to school property , ... 77 

INSTITUTES— 

Organization of .'.... 150 

Teachers may dismiss to attend 150 

Disposition of fees — institute fund — in city districts ....■ 152 

Importance of - 153 

INSURANCE OF SCHOOL PROPERTY— 

Cannot be done by member of board 63 

INTRODUCTORY 5-12 

Ordinance of 1787 5 

Preamble to Constitutions of 1802, 1851 5 

Article VI on education. Constitution 1851 5 

Quotations from Governor's messages....... 6-10 

JOINT SUB-DISTRICTS— 

Transfer of territory necessary to establish...... 39 

Teacher, where examined 39 

Clerk of, member board education 40 

Petition for must first be presented to the board ., 41 

Dissolution of 43, 46 



INDEX TO DECISIONS, OPINIOSfS, ETC. 285 

JOINT SUB-DISTEICTS— Coiitiuued. page 

Injunction to restrain tax levy will not held when 46 

Location of school site 86 

LEASE— 

School-house cannot be leased 81 

LIBRARIES— 

Establishment by township trustees 89 

Importance of, etc .....;'. 92-94 

LOAN— 

Penalty for loaning public money 125 

LOCAL DIRECTOR— 

Mode of contesting election of ................: 22 

Building committee 55, 84, 85 

May be employed in other sub-districts 63 

Why not in his own.. 63 

Subject to directions of township board 81 

Not authorized to advertise and open bids '. 83 

Cannot delegate power to employ teacher.. 85 

Failing in duty, township board to act 85 

Must keep house teaantable 167 

To fix wages of teachers 106 

Agent for boards of education 115 

MANDAMUS— 

"Will not lie to re-canvass , 22 

To enforce claim agiinst board.. 62 

To compel oflQcers to act 66 

To compel appropriation money to pay bonds 89 

To compel action of the board as to course of study 110 

MEETINGS— 

Boards of education, notice of 33 

Adjourned sessions, regular meetings 34 

Contracts made outside of 70 

MINES— 

Employnient of youth in 117 

MISTAKES— 

Officers not liable for, when ' 66 

MUTUAL AGREEMENT— 

What is meant by it 39 

NAYS — (See Yeas and Nays.) 
NEGLECT— 

Officers liable for 66 

NEW LONDON DISTRICT— 

Decision of Supreme court as to 63-65 



286 INDEX TO DECISIONS, OPINIONS, ETC. 

NOTICE— PAGE 

Of ^If^ofiort tnjxe how estiuiated L'G, '?1^ 37, 38 

" must state the business to be transacied 26 

" must nam« the vacancies io be filled 26 

" time and place 26, 29 

" to vote on tax levy 26 

Of meetings must be given 33 

Object of ■ ^ 34 

When waived 64 

To contain what 87 

NUISANCES— 

Eemedy for 56 

OFFENSES COMMITTED OUT OF SCHOOL— (See Corporal Punishment.) 

OFFICEES— 

Must qualify 31 

Cannot delegate ofl&cial trust 31, 70 

Evidence of ofiicial character 65 

De facto officers 65 

may qualify by taking oath '. 66 

Mandamus to compel to act 66 

Injunction to restrain from acting 66 

Not liable for honest mistake 66 

Liable for neglect 66 

Resignation to whom made 68 

Length of service 68 

ORDEE ON TREASURER— (See Treasurer Board of Education.) 

By township board ' 129 

Not negotiable 130 

Accepted by predecessor 130 

Illegally issued ...: 130 

If accepted, funds to be retained to meet it..... 130 

ORDINANCE OF 1787— 

Extract from relating to schools ■. 5 

ORGANIZATION— 

Board of education, time of 7 

OWNERSHIP OF PROPERTY— 

In whom it vests, when village district is organized 30 

PAROL EVIDENCE— 

Admissible as to records '. 73 

PENALTIES— 

Payable into school fund, list of ....57, 58 

PETITION— 

For joint sub-district to be presented to board of education 41 

To change or create sub-districts, etc 43 



INDEX TO DECISIONS, OPINIONS, ETC. 287 

POLLS— " PAGE 
OpcT.iijg and closing same 25 

POLL BOOKS— 

Return of 22 

Failure to sign, decision 32, 65 

Omissions and mistakes may be corrected 65 

PRESIDENT OF BOARD— 

Entitled to a vote 67 

PROSECUTING ATTORNEY— 

Legal adviser of boards, no additional pay 64, 65 

To prosecute for injury to school timber 65 

PUBLIC SCHOOL HOUSES— 

What are they 61 

PUNISHMENT— (See (7or/3oraZ Pwii-7imen<.) 

PUPILS— 

Must attend in their own sub-district 100 

Residence of determines right to attend 100 

Case of temporary residence, of a minor, etc 101 

Residence without district, homestead partly within 100 

Tardiness of, parent's right as to 102 

Right to attend not absolute 102 

Teachers power in selection of studies Ill 

Assignment oi by boards 115 

QUORUM— 

What constitutes quorum township board 30 

Majority of when sufficient ; 70 

Necessary to transact business 109 

QUO WARRANTO— 

The proper mode of contesting elections 21 

Election of local director tested by 22 

The exclusive remedy 12 

Mode of testing title to office 64 

RECORD&- 

Of special meeting should show what 72 

Of bonds issued 73 

Parol evidence as to 74 

Power to amend 73 

Proceedings to issue bonds 82 

Likely to be closely scrutinized when 87 

School record of teacher 106 

To be kept by teachers 123 

Should show what 123 

REGISTERS— 

To be furnished by the board 123 



288 INDEX TO DECISIONS, OPINIONS, ETC. 

IlELIGIOUH INSTRUCTION- ' page 
Powers of boards as to 110 

RESCIND— 

What vote necessary 71 

RESIDENCE— 

Without district, homestead within Ill 

Change of by member of a board 19 

inmates of German Protestant Asylum 100 

Determines right to attend school. 100 

Custom incises of temporary residenee 101 

Length of irideflnite, case of minor 101 

RESIGNATION— 

To whom made , 68 

Until accepted, officer responsible 68 

ROADS— 

Boards hire no authority to construct 96 

RULES— 

Board to enforce necessary rules 104 

RULES OF INTERPRETATION— 

By Ohio and Missouri supreme courts 13 

RULES AND REGULATIONS FOR GOVERNMENT OF BOARD— 

Suggestions as to rules 183-196 

SALARY— 

Increasing pay for time not covered by certificate, illegal... 143 

SCHOOLS— 

Disturbing of , by member of beard 61 

Organizing and grading, liability of board for rules 74 

Number and convenience of 95 

Economy in management 95 

Classification advisable , 96 

To be continued twenty-four weeks 96 

Failure to thus continue, remedy 56 

For colored children, by whom controlled 97 

law relatixig to constitutional 97 

Higher grade of, law applicable to whom 97 

teachers' order, how signed 97 

advantages of such schools 98 

SCHOOL AGE— 

Minimum of ...; 100 

SCHOOL ATTENDANCE— 

Duties of boards to enforce attendance : 174-181 

SCHOOL DISTRICTS— 

Corporate character can not be questioned collaterally 15 

Change of township boundaries changes district 16 



INDEX TO DECISIONS, OPINIONS, ETC. 289 

SCHOOL FUNDS— page 

What funds to be apportioned by auditor of state 49 

School commissioner to have supervision over 49 

Custody of retained by treasurers 55 

Apportionment of by board of education 65 

Can not be raised except as provided by statute.... 88 

SCHOOL HOUSES— (See also /Sites.) 

What they are 61 

Means of egress 80 

Can not be used for other than school purposes 81 

Failure to perform contract to build 83 

Costing $10,000 and over 83 

Exceeding authority as to cost 84 

If untenantable, teacher can recover wages 167 

SCHOOL LANDS— 

Lease and sale of , 62 

SCHOOL PEOPEETY— 

Defacing, burning, stealing from, breaking into 60, 61 

Not taxable 52 

Can not be insured by a member of the board 63 

SCHOOL TIMBEE— 

Injury to, penalty for ; 62 

Prosecuting attorney to prosecute for 65 

SITE— . 

Defective title, building on 59 

Selected by township board, etc 82 

Location of in joint sub-district 85 

Eeverts to original owner, when 86 

SPECIAL ACT— 

Number of members in village and special boards of Hamilton county 182 

SPECIAL DISTEICTS— 

Extent and effect of decision in New London case 16 

Special acts establishing, probably unconstitutional 16, 44 

Petition to change, when applicable 44 

Decision of supreme court in New London case 168-165 

STATE CEETIFICATE— 

If granted in other states, cannot be made valid in this 136 

STATE COMMISSIONEE OF COMMON SCHOOLS— 

To have supervision over funds • 49 

Irregularities as to enumeration to be reported 121 

STATUTES— 

Directory as regard to time, when 151 

19 



290 INDEX TO DECISIONS, OPINIONS, ETC. 

SUB-DISTEICTS— page 

Special acts establishing, probably unconstitutional 16, 35 

Organized into village districts 28 

Who are voters in 31 

Size and number of 35 

Exist only in township districts ••••• 36 

Effect of consolidating 36 

Two or more schools may be established in 96 

Pupils to attend in their own 100 

Decision against, eff'ect of 107 

SUBSCRIPTIONS— 

Liability to pay 48 

SUBSTITUTE— 

Payment of when not holding certificate 129 

SUITS— 

Cost of , when paid by members of board 63 

TALLY SHEET— 

Failure to sign 32 

TARDINESS OF PUPILS— 

Parent's detention of pupil >. 102 

TAX— 

May be placed on duplicate when .51, 52 

May be levied by city council , 51 

What to be certified 52 

Not levied on school property 62 

TEACHER— 

In joint sub-district, where examined 39 

Order for pay, how signed, township high school 97 

Entitled to holidays 103 

Making up lost time on Saturdays and holidays 103 

Proposition to may be withdrawn 104 

Contagious disease, schools closed, teachers to be paid when 104 

Certificate must cover what 104 

Penalty for sexual intercourse with pupils 105 

Dismissal of , business ; must be at meeting 105 

Wages fixed by local board 106 

Payment of, monthly 106 

School record kept by 106 

Responsible for care of apparatus, etc 106, 107 

Violation of contract by 107 

Employment and dismissal of 108, 109 

Power as to selection of pupil's studies Ill, 112 

Uncertificated, contract with when valid 129 

Issuing orders for pay of 129 

Payment of substitute for , 129 



INDEX TO DECISIONS, OPINIONS, ETC. 291 

TEACHER— Continued, page 

What his record should show. 133 

Meaning of term " employ" ; 143 

Increasing salary to pay for time not covered by certificate 1 43 

TEACHERS' INSTITUTE. {8ee Institute.) 

TERRITORY— 

Attached or detached, meaning of term 15 

Detached from city districts, second class • 24 

Attaching, effect of 36 

TEXT BOOK— 

Duty and powers of boards 110 

TIE VOTE— 

Failure to cast .' 65 

TIME— 

Of giving notice of an election, how computed 26, 29 

Time fixed by law, effect of disregarding .31 

Computation of, in notice 34, 38 

Statutes as to, when directory 51 

For placing tax on duplicate 51 

TITLE TO OFFICE— 

Tested by quo warranto 64 

TOWNSHIP— 

Change of boundaries changes district 16 

Organized into village district 18 

TOWNSHIP BOARD— 

Subordination to, by local boards 81 

Power to designate school site 82 

Appeal from its action to county commissioners 82 

Contracts of local board to be reported ' 82 

Suggestions to as to management of schools 95 

May establish two or more schools in sub-district 96 

schools of higher grade 97 

advantages of; 98 

May act when local board fails in its duty 105 

Cannot fix maximum wages of teachers 106 

May by contract send pupils to village schools 115 

Order issued by on village treasury 129 

TOWNSHIP CLERK— 

Not entitled to a vote 70 

To draw order for pay, when, in case of illegal contract 109 

Fees of 132 

TRANSFER— 

Cannot be done for temporary purposes 17 

Appeal to county commissioners , 17 

Territory must be contiguous 17 



292 INDEX TO DECISIONS, OPINIONS, ETC, 

TRANSFER— Continued. page 

Necessary to establish joint sub-district ^ 39 

Sub-district funds by auditor 52 

Not provided for by section 4022 114 

TREASURER OF BOARD OF EDUCATION— 

Retains custody of school funds 55 

Order on, not negotiable 71 

Must give bond, record and filing of, new bond 123, 124 

Default by 125 

Loan of public money , 125 

Inspection of treasurer's books 125 

New bond in case of re-election 125 

Time elapsed for filing bond 125 

Auditor's power and duty as to funds 126 

Discretionary power 127 

Attachment of teacher's wages in hands of 127 

Embezzlement by '. 127, 128 

Money left in county treasury by 28 

Power and duty as to orders 30, 31 

Use oi school bonds as collateral, decision by supreme court 66 

TRUSTS— 

What kind may be held by boards 59 

TUITION— 

To whom paid ■ 115 

UNSAFE BUILDINGS— 

Appeal to commissioners in regard to.... , 56, 80 

vacancy- 
How caused in board 67 

To be filled without delay 68 

VILLAGE EXAMINERS— (See Examiners.) 

VILLAGE districts- 
How created .\ 15 

Maybe organized from township district 18 

advantages of such change 18 

Formed to include portion of sub-district 28 

Not aff'ected by surrender of village charter ,,... 30 

When organized in whom ownership of property vests 30 

Petition to change, when applicable 44 

May, by contract, receive pupils from townships 115 

VOTER— (See Electors.) 

WAGES— 

Teachers' cannot be attached 127 

May be recovered, if house untenantable 167 



INDEX TO DECISIONS, OPINIONS, ETC. 293 

WAIVEE OF NOTICE— • page 
By voluntary appearance 64 

YEAS AND NAYS— 

When taken 109 

YOUTH— 

Employment of in mines 117 

Enumeration of — (See Enumeration.) 



INDEX TO FORMS AND INSTRUCTIONS. 



CHAPTER I.— FORMS FOR SCHOOL DIRECTORS— page 

1. Notice of sub-district school meeting 197 

2. Poll-book 197 

3. Tally-sheet 198 

4. Notice of special school meeting 198 

5. Minutes of sub-district school meeting 199 

6. Certificate of election of school directors 199 

7. Oath of school director 199 

8. Appointment of school director. ; 200 

9. Meeting of school directors 200 

10. Contract between directors and teachers .- 200 

11. Certificate for teachers' pay. 200 

12. Contract for fuel, repairs, etc 201 

13. Certificate of amount due for fuel, etc 201 

14. Dismissal of teacher 201 

15. Visit to school 202 

CHAPTER II.— FORMS FOR TOWNSHIP BOARDS OF EDUCATION— 

16. Notice of meeting to vote a tax for building purposes 202 

17. Notice of special meeting of township board 203 

18. Certificate of annual estimates.... 203 

19. Certificate of annual estimates for joint school 204 

20. Difi'erent modes of altering sub-districts 204 

21. Notice of election in a new sub-district 205 

22. Organization of a joint sub-district school 205 

23. Petition to board of education '. 206 

24. Clerk's notice to members of board 206 

25. Petition to probate judge 206 

26. Remonstrance against joint sub-district 207 

27. Appointment of commissioners by probate judge 207 

28. Report of commissioners 208 

29. Assignment of scholars to central high school , 208 

30. Appointment of librarian 208 

31. Bond of librarian 209 

32. Order on township treasurer for teachers' pay 209 

33. Order on treasurer other than for teachers' pay 209 

34. Form of deed 210 

35. Form of lease 211 



INDEX TO rOKMS AND INSTRUCTIONS. 295 

CHAPTER III.— ENUMERATION FORMS— 

37. Annual enumeration return to township clerk 212 

38. " " county auditor 213,214 

39. Auditor's return of enumeration to State Commissioner of Common 

Schools 215 

CHAPTER IV.— FORMS FOR CLERKS, TEACHERS, AND TREASURERS— 

40. , Bond of township treasurer as treasurer for board of education 216 

41. Certificate of treasurer's bond 216 

42. Bond of treasurer for village or special school district 217 

43. Bond of clerk. 217 

45. Township clerk's bond ...-. 218 

46. Report and certificate of school funds in treasury ,. 219 

47. Final receipt of township treasurer 219 

48. " " clerk 220 

49. Teachers' daily register 221 

50. Teachers' daily register, (second form) 222 

51. " term register 223,224,225 

52. " report to the township clerk 226-230 

53. Township clerk's abstract of sub-district teachers' reports 231 

54. Report of the board of education 233-240 

55. Township treasurer's general account with township 241 

56. " " account with the several sub-districts 242 

57. Report of the township treasurer to the county auditor 243 

CHAPTER v.— FORMS FOR SCHOOL EXAMINERS, AUDITORS, ETC. 

58. Appointment of school examiners 244 

59. Revocation of appointment of school examiner 245 

60. Notice of meetings for the examination of teachers 245 

61. Teachers' certificate 245 

62. Teachers' certificate for city or village 246 

63. Revocation of teachers' certificate 246 

64. Quarterly report to county treasurer 247 

65. Form of school examiner's register 248, 249 

66. Report of school examiners to State Commissioner 250 

67. Auditor's report of teacliers' institute fund 251 

68. Constitution for county teachers' association 252 

69. Report of colleges 253 

70. Rrport of normal school 254 

71. Report of preparatory school 255 



